KUALA LUMPUR: The family of murdered banker Wong Jing Kui will file a civil suit to remove the ex-wife, convicted of his murder, as the beneficiary and administrator of his estate.
The family strongly feels she should not profit from crime.
Wong’s mother, Law Boh Ing, said her 31-year-old son died without a will, leaving the ex-wife, Ling Hang Tsyr, 75% control of the estate and custody for her grandson.
The lawyer advising the family on the civil case, Adnan Seman, said according to the Distribution Act 1958, the ex-wife gets 25% share of the property, the deceased parents get 25% and the son gets 50%.
“But now, the ex-wife controls 75% as the son is only nine years old,” he told reporters at a press conference here today.
Wong was murdered at his home on June 14, 2012. He had 23 stab wounds.
On Oct 28, 2017, the High Court sentenced to death his wife for abetting her lover, Tiong King Guan, who is now missing, in the murder of her husband, a former HSBC branch manager.
Another accused, Ling Hoe Ing, was jailed 16 years after he pleaded guilty to committing culpable homicide.
Adnan further said he will file a suit for the wife to be removed as the administrator of the estate under Section 34 of Probate and Administrator Act 1959.
But, he said, he may face a challenge in removing her as the beneficiary of the estate as there is no precedent in law of a spouse, who is a beneficiary, being charged with murder.
Due to that, he said he may have to refer to Commonwealth laws under the forfeiture rules which prevent a criminal from benefitting in any way from their crime.
He said under the law, for example, if someone unlawfully kills another person, they would not be entitled to any benefits from the death.
He may also refer the case under “unjust enrichment”, which is recognised in Malaysia. This occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust.
Adnan said he will also advise his client on seeking custody of the child.
During the press conference, the mother, Law, who was in tears, said in 2012, right after her son was murdered, she had started civil proceedings to get custody of her grandson.
“But she (Wong’s wife) took my grandson from our house without telling us and had cut all access.
“The lawyer we hired cheated us and agreed to a consent order, against our instructions,” she said, adding that the lawyer was then disbarred for a year after she filed in a complaint with the Sarawak Advocate Association.
She said she is worried about the grandson as the paternal side of the family is asking a hefty amount to look after him.
Another lawyer, Christina Teng, also present at the press conference, said the ex-wife’s family is seeking money from Wong’s family.
“On Feb 8, 2019, they demanded RM80,000 to look after the boy and another RM1,000 monthly for the boy’s expenses,” she said. - FMT
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