One year before his death in 2022, Chiaw Peng Kho purchased blank standard form wills from a retail store and proceeded to sign two copies dated the same date but in each case failing to state who is to inherit his assets.
The only difference between each document was that he named different executors: in one case, former boarder Alex Chan who previously lived with him for two years as a student; the other, a now deceased sister living in Malaysia.
Perpetual Trustee was appointed temporary administrator of Mr Kho’s estate over top of argument over who should be in control and how his assets are to be divided.
The High Court was told estate assets have been identified as a house in Auckland suburb Westmere and some $907,200 in bank accounts.
The Westmere property is tenanted. Mr Chan has been managing the property since Mr Kho’s death.
Several of Mr Kho’s siblings have questioned Mr Chan’s motives, making unspecified allegations that the will naming him as executor was ‘doctored.’
There is evidence suggesting Mr Kho intended Mr Chan to inherit should his named sister not survive him. The High Court was told she did die before Mr Kho.
Perpetual Trust was appointed as an independent temporary administrator of Mr Kho’s estate pending a full investigation into circumstances surrounding signature of the wills and full evidence of Mr Kho’s intentions.
In the absence of any evidence as to Mr Kho’s intentions over who should inherit, his assets will be divided between his ten Malaysian siblings using default rules in the Administration Act. Where a sibling has died, that person’s share passes to any children they may have.
re Estate Chiaw Peng Kho – High Court (12.08.24)
24.191