The mother of late Cantopop singer and actress Anita Mui Yim-fong is fighting a court battle to gain control of her daughters entire fortune estimated at more than HK$100 million.
Tam Mei-kam, 84, is challenging the validity of the will that was executed at the Hong Kong Sanatorium and Hospital on December 3, 2003 less than a month before Mui died of cervical cancer at the age of 40. Tam, as the plaintiff in the probate action, asked the High Court to declare the will void, and allow her to be the sole beneficiary of the estate in the event of intestacy.
The value of Muis estate was about HK$30 million to HK$35 million in 2003, the court was told yesterday.
The current value, however, is estimated at more than HK$100 million.
Albert Yau Kai-cheong, representing New Horizon Buddhist Association, one of the beneficiaries named in Muis will, said the singer decided to make a will and set up a trust with the help of her godmother, Sheila Ho, out of concern for her mothers future.
She was afraid that, if she were to leave her properties to her mother absolutely, she would squander them in no time, Yau said at the opening of the 25-day hearing.
Its our case that the plaintiff is very bad in managing her own finances.
According to Yau, Muis will indicated she would set up a trust in which her mother would receive HK$70,000 a month as living expenses during her lifetime.
The two daughters of Mui Tak- ming, one of Muis elder brothers, and the two sons of Mui Oi-fo
ng, the singers late sister, will receive HK$100,000 a year as university expenses, up to HK$1.7 million.
Mui also left two of her many properties one in Happy Valley and one in London to her old friend, designer Eddie Lau Kai, who is a respondent in the case.
The New Horizon Buddhist Association, devoted to promoting Tibetan Buddhism, will be the final repository under the trust.
Mui was a Buddhist.
According to Yau, Mui wanted to transfer all her assets to the trust before she died to avoid paying estate duty, which in 2003 was 15 percent.
But her assets were not transferred to the trust in time.
Tam claimed her daughter did not have the mental capacity to sign the will when she was under the influence of tranquilizers to treat her cancer and other illnesses, including hepatic encephalopathy which can make the patient confused and disorientated.
Tam also believed Mui did not have the necessary educational background to understand the setting up of any complex trust or testamentary arrangements.
The association will summon Peter Teo, a doctor who was present when Mui signed the will, to testify that she did have a "sound and clear mind" when she made the legal arrangement, despite her declining health.
HSBC International Trustee, the executor and administrator of the will, is also named as a respondent.
The hearing before Justice Andrew Cheung Kui-nung continues today.
Source: http://thestandard.com.hk/news_detail.asp?...&con_type=3
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