Murder in Spain: Audrey Fang nominated suspect as sole CPF beneficiary 6 months before her death
Source: Straits Times
Article Date: 12 Jun 2024
Author: Wong Shiying
The sole beneficiary is Mitchell Ong, who is currently being held in custody in south-eastern Spain in connection with her murder.
Six months before she was killed in Spain, Singaporean Audrey Fang deposited nearly $200,000 into her Central Provident Fund (CPF) accounts for investment-linked products, and also nominated a beneficiary.
The sole beneficiary is Mitchell Ong, who is currently being held in custody in south-eastern Spain in connection with her murder.
He is also the insurance agent who sold her two investment-linked policies in 2015.
Ms Fang was found dead in April with more than 30 stab wounds while travelling alone.
It is not clear how the pair knew each other, but they both attended the National University of Singapore at around the same time.
Ms Fang, 39, studied architecture, while Ong did a course in economics.
Ms Fang’s brother, Mr Benjamin Fang, 34, told The Straits Times that he was informed by the CPF Board that the nomination was done in person on Oct 4, 2023, at a CPF service centre.
He noticed that at around the same time, Ms Fang had deposited money into her CPF accounts for investment purposes.
“We were very shocked and sad to find out that he is her beneficiary. We do not know why he was nominated, as we hadn’t heard of him before,” he said.
ST contacted AIA Singapore to ask if the insurer is looking into whether Ong is a beneficiary of Ms Fang’s insurance policies, but a spokesperson declined to answer the question.
The spokesperson said: “We are unable to comment on this matter or disclose specific policyholder information due to confidentiality reasons.
“Please be assured that AIA Singapore will provide any required support and assistance to the relevant authorities on matters relating to her insurance policies.”
Mr Fang said it is puzzling that his sister, who lived in the same flat as him and their father, and was close to the family, did not mention Ong once.
He added that the family intends to contest the nomination when more details come to light.
News of the nomination was revealed earlier in June when a court in Spain heard that the suspect, who has opted to stay silent during investigations, stood to benefit from her CPF savings.
Police in Spain had earlier raised suspicions around an economic motive for the murder, after a note on Ms Fang’s iPad declared a decision to name a “long-time friend and trusted confidant” as the recipient of her CPF savings in the event of her death.
The iPad was found in her hotel room with her other belongings.
The note also granted the beneficiary a “friendly loan of US$50,000 (S$68,000) based on our friendship in the past”, separate from the CPF nomination.
Mr Fang said he learnt that Ong had sold his sister the insurance policies only when he found letters from AIA with her belongings.
They were for two investment-linked policies, which she took up in 2015 from an agent named Ong Cheong Yi, which is Ong’s Chinese name. Ong registered his marriage in June 2012 under the same name.
Mr Fang said: “She mentioned in the past that her insurance agent was investing her CPF for her. I’m not sure if the agent is Ong, but it seems likely.”
Mr Fang said the CPF Board told him it will withhold the distribution of Ms Fang’s CPF savings until the case concludes.
He was also assured that Ong will not be entitled to his sister’s CPF savings should he be convicted of killing her.
Former colleague
Ms Fang left for Spain on April 4, and became uncontactable on the night of April 9. She had told her family that she might be meeting a former colleague there but did not give details.
On April 10, she was found with 30 stab wounds and other injuries near a parking area for lorries in the town of Abanilla. It is about 150km from the hotel she was staying in.
Spanish police arrested Ong on April 16 in connection with the case.
Mr Manuel Martinez, the Spanish lawyer representing Ms Fang’s family, told ST that Ong, who invoked his right not to testify in court, is currently in pre-trial detention in Spain.
He said that if Ong is convicted of murder after trial, he will seek a jail term of between 20 and 25 years for the suspect, and possibly reviewable life imprisonment.
Mr Martinez believes he has a strong case against Ong, saying: “To date and pending further investigation, I can prove the existence of malice aforethought in the actions of Ong.”
The lawyer added that two witness statements from Singaporeans who can shed light on the relationship between Ms Fang and Ong will be submitted to the Spanish court.
As Ms Fang did not leave a will, her family has engaged a lawyer in Singapore to obtain a grant of letters of administration, which will give them the authority to manage Ms Fang’s estate.
This includes being able to access Ms Fang’s financial records, which Mr Fang said could give the family answers on her dealings with Ong.
Getting the grant of letters of administration, however, will likely take between four and six months, he added.
When asked if the CPF Board is investigating Ms Fang’s nomination, a CPF Board spokesperson said it is unable to comment directly on the matter due to confidentiality reasons.
The spokesperson said: “If the CPF Board is informed of any facts or circumstances which may affect the validity of the CPF nomination, an investigation will be conducted by examining the evidence and supporting documents to ascertain the validity of the nomination.
“For CPF nominations that are contested posthumously, CPF Board will withhold the distribution of the deceased member’s CPF savings till investigations are completed.
“If the nomination is found to be invalid, CPF savings will generally be distributed based on an earlier nomination if any, or according to intestacy laws.”
Can an unrelated person be nominated as a CPF beneficiary? Are there any safeguards?: askST
The Central Provident Fund (CPF) nomination process is in the spotlight after a murder suspect was found to be the sole beneficiary of the victim’s CPF savings.
Former AIA insurance agent Mitchell Ong, 43, allegedly killed 39-year-old Ms Audrey Fang in April while they were in Spain and staying in separate hotels. Both are Singaporeans.
If Ong, who is in custody in Murcia, in south-eastern Spain, is not found guilty, he could receive the $447,000 in her CPF account.
Lawyer Javern Sim, managing director of Populus Law and head of its family law department, said unless it can be proven that Ms Fang did not willingly nominate Ong, he will likely be getting the payout if found innocent.
The Straits Times asked the CPF Board and probate lawyers about the nomination process and safeguards in place.
1. What does it mean to make a CPF nomination?
When you make a CPF nomination, you decide who receives your CPF savings and how much each person gets in the event of your death.
The CPF website states that you can nominate anyone as a beneficiary, including those who are not your family members, people who do not have a CPF account, and even organisations that are legal entities.
There is no limit to the number of beneficiaries you can appoint.
Without a CPF nomination, your CPF savings will be distributed by the Public Trustee’s Office to your family members based on the intestacy laws or Muslim inheritance certificate.
2. How do I make a CPF nomination?
You can nominate up to 15 beneficiaries through an online application that requires you to log in using your Singpass. To nominate more than 15 beneficiaries, you have to do so in person at a CPF service centre.
You will need two witnesses to attest that you made your nomination willingly and calmly.
Your witnesses, who do not need to know your nominees’ details, can be anyone you choose as long as they are aged 21 and above, of sound mind and not a nominee.
Mr Sim said witnesses are needed for three reasons.
First, to verify the identity of the person making the nomination. Second, to confirm that the nomination was made voluntarily and without undue influence. Third, to attest that the nominator is of sound mind and understands the implications of the nomination.
For online nominations, witnesses must have a Singpass account. They will be notified of the application via SMS or e-mail and have to log in to the CPF website to confirm the nomination within seven days.
Staff at CPF service centres can act as witnesses. The CPF Board said staff will explain the nomination process to members and confirm their intentions to bequeath their CPF savings to the nominees before witnessing the nomination.
When this reporter tried making a CPF nomination online, the process took about five minutes. All that was needed was to log in via Singpass and fill in the NRIC details of the nominees and witnesses.
3. What safeguards are in place to ensure the CPF nomination process is not abused by bad actors?
The CPF Board said there are safeguards in place to “ensure the robustness of the CPF nomination process in respecting members’ intentions”.
They pointed to the requirement of having witnesses attest to nominations, adding that “when necessary, the CPF Board will conduct checks to verify members’ intention in making their nominations, including when they nominate non-family members”.
These checks apply, whether the nominations are done in person or online, the board said.
4. What should I do if I’m being coerced into making a nomination?
This could be a difficult scenario to circumvent, said lawyer Lee Shen Han of Bonsai Law, who specialises in civil, probate and family matters.
He said: “For an online application, if someone is forcing you to log in with your Singpass and make the nomination, and forces you to choose two of his friends as witnesses, it would be quite hard to do anything about it.
“While there is a declaration for you to acknowledge at the end of the process, it won’t matter much if you’re being forced into it.”
Mr Lee said once the individual making the nomination is free from the person forcing him to do so, he can then revoke the existing nomination and make a new one subsequently.
Mr Sim said the nominator can report any coercion to the CPF Board, and it will investigate the circumstances surrounding the nomination.
Source: Straits Times © SPH Media Limited. Permission required for reproduction.
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