When a son fought his elderly mother's move to split family assets

He claimed his mum was mentally unfit to sign legal papers despite her doctor saying she was fit

- Tan Ooi Boon

An embittered son was so intent on derailing his elderly mother's move to distribute their family assets that he claimed she was mentally unfit to make such decisions.

He said his mother, 82 at the time, did not have the mental capacity to sign papers to wind up the family business or sell their family home despite her doctor saying that she was fit to do so.

The doctor confirmed that she was mentally capable to instruct her lawyers to get the necessary paperwork done and to execute a power of attorney to appoint one of her two daughters to act for her.

But the paperwork did not prevent her only son's attempt to air the dispute in the High Court.

The conflict had been brewing for some time. Relationships in the family frayed not long after the patriarch of the family died unexpectedly from a heart attack in 2022.

His will gave his wife 30 per cent of the family home while his son and two daughters got 20 per cent each. The remaining 10 per cent went to his son's elder daughter.

As a result of such division, the sale of the home would be imminent so that all beneficiaries could receive the proceeds of their shares.

But this would impact the son the most, as he and his family were still living there, while his mother and two sisters had relocated overseas.

There was also the family company to consider: The son held only a 15 per cent share while the rest of the family owned the remaining 85 per cent.

The executor of the estate was the patriarch's close friend. About four months after the death, he wrote to the three siblings to ask if any of them would like to buy the family home; if not, it would be put up for sale.

The son objected because he said it was premature to sell the property while his mother was still alive. In his e-mail reply, he said his mother "was medically incapable of giving her legal consent as it is difficult to ascertain whether she understands the issues".