Apparently, you can’t use WhatsApp texts to claim CPF on the court.
The ex-wife of a man, who died from pancreatic cancer, attempted to use WhatsApp messages from him to support her claim that he had wanted all his Central Provident Fund (CPF) savings to go to their 2 sons.
Unfortunately (for her), the High Court dismissed her bid.
The man was 49 years old when he died of cancer on 5 Feb last year.
He divorced his first wife in December 2014 and got remarried to his second wife in March 2015.
According to intestacy law, his widow would attain half of the $718,912 in his CPF account, and both his sons would get 25% each.
Aged 10 and 15, the sons applied to the courts, via their mother, for the full CPF sum.
The ex-wife used the WhatsApp exchanges on 29 Dec 2016, approximately 5 weeks before he died, coupled with his actions to withdraw the CPF monies to contend that they should be entitled to the whole amount.
It was asserted that the CPF sum, placed with the Public Trustee, is the subject of a trust.
In this case, the sons are the beneficiaries.
She wanted the court to pay out all the CPF monies to her by issuing a declaration for the Public Trustee as she is the legal guardian of their sons.
Emphasis was placed on the fact that the man applied to withdraw CPF funds on the exact day the WhatsApp conversation took place.
His doctor also certified that he was diagnosed with Stage 4 cancer and was terminally ill, which alluded that he had the intention of transferring the monies in the accounts to the sons, among other things.
The dead man’s widow rebuts that the CPF Act does not allow the creation of any trust, as claimed by the former wife.
The WhatsApp conversation reveals that the man did not intend to create a trust but instead, to provide $500,000 for each of his child, which he has done so.
Here’s a brief timeline on what went down last year:
5 Jan – CPF Board first notified him that his application was being assessed
12 Jan – they sought further details on the stage of his condition
25 Jan – they received the oncologist’s amended certification on his condition
He passed away approximately 10 days later.
The judge held that he would have known his CPF money would not have been paid out to him when he makes his will in the early morning hours of the day he died.
His will states that his sons will receive 25% share of his estate each, and the remaining goes to his parents and widow.
In addition, his omission to deal with his CPF savings in his will indicated that he knew the CPF Act did not allow him to do so.
In other words, it could signify that he was aware that his sons would each receive 25% of his CPF funds and a share of his estate.
It amounted to a whopping $614,487, “which is in the region of the planned sum of $500,000”.
His plan, as shared with his ex-wife, was therefore realised.
Featured image from The Star Online.
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