KUALA LUMPUR (April 23): Despite "point blank" queries by the grandchildren of Genting founder Tan Sri Lim Goh Tong about the foundation that received a majority of their deceased mother's estate, the trustee of the very foundation remained mum, the High Court heard on Thursday.
In the ongoing trial over the battle for the late Lim Siew Kim's RM1.6 billion estate, Datuk Low Beng Choo — who came into the 70% residual estate via Dikim Foundation — said that "it was not her place to answer" any queries posed during the reading of the will two months after Siew Kim's passing.
During cross-examination by the plaintiffs’ counsel Datuk Seri V Sithambaram, the senior lawyer referred to the transcript of the will reading on Sept 12, 2022, and pointed out that two of the deceased’s children — Siew Kim’s only son Marcus Chan Jau Chwen and one of his sisters Kimberly Chan Tshiao Miin — had queried more about Dikim as they seemed in the dark about the foundation founded by their parents.
Sithambaram however pointed out that based on the transcript, Low, despite being aware that she was by then the sole trustee of Dikim, did not disclose this information.
Sithambaram: You agree that Marcus said, "The main [thing] is I guess, Dikim, 70% that goes to Dikim. I still don't have a clear understanding of who is running Dikim, what is the purpose of Dikim"?
[Marcus] had wanted a clear understanding of who was running Dikim at the will reading two months after his mother passed away. Avinder then says, “I suppose the executors will write to [the foundation] and follow the terms of the will”.
You knew very well you were the trustee, [but] you didn't answer Marcus' question?
Low: I didn't answer. Avinder was running the meeting [and the] question wasn't directed at me.
“Avinder” is in reference to Avinder Gill Singh, from Messrs Avinder Gill Chambers, who was the then-solicitor for the executor and trustee, Malcolm Fernandez and Chan Mei Yi, of the third and final will, dated April 28, 2022.
During the hybrid meeting that Avinder had chaired, Low, Marcus and one of his sisters, Cressa Chan Tshiao Yunn, were present in person, while the other daugthers, Tshiao Miin and Chan T'Shiao Li, attended via Zoom.
Sithambaram then pointed to Low's own notes from the will reading, in which Low had jotted down notes "clause by clause".
Sithambaram: You yourself confirm at this meeting, you have clearly recorded that Marcus is asking, "Who is running Dikim and who is the trustee"?
[...] I'm putting it to you that you were keeping your appointment as [Dikim's] trustee from the beneficiaries when pointedly asked the burning question [...]
Low: I don't agree with you.
Sithambaram: You, who attended the meeting, were not open about your role as the trustee of the biggest beneficiary?
Low: [I attended the meeting in my] role was a witnessing solicitor.
Sithambaram: They inquired in your presence.
Low: I don't agree with you. It is not for me to answer.
Sithambaram also pointed out — that according to court documents — the only other witness to the third will signing, a Dr. Ooi, was not part of the will reading. To this Low, merely said that she could not recall his attendance.
Siew Kim, who is the Genting Group of Companies founder's third child, passed away due to cancer in July 2022. The 73-year-old left behind three daughters and a son.
T'Shiao Li and T'Shiao Miin have taken their brother, both of the will's trustee and executor, and Low, to court over what they claim to be suspicious circumstance surrounding the preparation and making of the final testament.
The plaintiffs claim that besides the third and final will, they had discovered that there were two prior wills, dated Nov 2, 2021, and April 11, 2022.
Dikim, which is said to primarily carry out welfare work, received the chunk (70%) of Siew Kim's residual estate.
Marcus was left with properties in Jalan Ampang in Kuala Lumpur, shareholding in Mantap Awana Sdn Bhd, contents of all safe deposit boxes, and 30% of Siew Kim's residual estate.
T'Shiao Li was left with RM900,000, while T'Shiao Miin got RM100,000.
On Thursday, Low also confirmed that the first and the second will was not disclosed to those present at the reading in September.
As reported earlier, she shredded both the first and second wills based on the deceased's instructions and to avoid confusion.
Sithambaram then pointed out that all three disputed wills were dated, and it would be clear that the later wills would take precedence over the older documents.
"If that is so, there would be no confusion. Yes." Low answered.
Sithambaram also asked if Low was aware that according to the first will in November 2021, all three of Siew Kim’s daughters were bequeathed RM10 million each. To this Low answered in the affirmative.
Low also agreed that five months later, the wills in April 2022 had reduced the sum to RM900,000 to T'Shiao Li and RM100,000 to T'Shiao Miin.
The witness, who is a lawyer by profession, also confirmed that she was unaware that T'Shiao Li had provided care for her mother at the time the first will was signed.
Sithambaram: [For the court record] in fact, the first plaintiff accompanied the deceased for hospital admission at Prince Court. [It is] all available in hospital records.
Low: I have no knowledge.
Low also confirmed that all three disputed wills were signed by Siew Kim in the hospital.
Low also denied that the deceased fully did not understand the nature of the assets and properties she was disposing off at the time of the signing of the first will.
The trial before High Court judge Mahazan Mat Taib continues on Friday.