KUALA LUMPUR (June 8): The lawyer who drafted two of the late Lim Siew Kim's last will and testament has stressed that Lim was sound of mind when executing the contested documents.

Continuing her testimony in the ongoing court battle over the RM1.6 billion estate, Datuk Low Beng Choo "totally disagreed" with the plaintiffs' counsel Datuk Seri V Sithambaram's suggestion that, due to her ailments and health condition, Lim was not of sound mind to understand what she was executing.

Sithambaram: Are you aware that when you were called to Prince Court Medical Centre (PCMC) on April 11, 2022, the deceased was receiving treatment for ovarian cancer, breathlessness caused by fluid in her lungs and other ailments?

Low: I do not know fully.

Sithambaram: [Given the] physical and mental condition of the deceased at the time the second will was allegedly executed, in fact the deceased was not in the position to understand the extent of what she was executing?

Low: I totally disagree.

Sithambaram: She doesn't have the capacity?

Low: I totally disagree.

Sithambaram: The deceased didn't undergo any positive cognitive function tests carried out by a qualified professional, [be it a] psychiatrist or neurologist.

Low: I totally disagree.

The crux of the questioning was the second will, executed on April 11, 2022, where allegedly the cash bequests of RM10 million to two of her daughters — Chan T'Shiao Li and Kimberly Chan T'Shiao Miin — were reduced to RM900,000 and RM100,000 respectively.

There were three wills in total. An earlier will was dated Nov 2, 2021, while the final will executed was dated April 28, 2022.

On Monday, Low testified that she had met the deceased at her residence in December 2021 and was given instructions that Siew Kim wanted to change her first will. The will was eventually executed on April 11 while Siew Kim was hospitalised.

Sithambaram: At this meeting when you met the deceased, she handed you a photocopy of the 2021 will, with writing, markings in pencil, with instructions to prepare a new will?

Low: Yes.

Sithambaram: At this meeting, you also received a typed note containing her wishes [for the second will]?

Low: Yes.

Low stressed that the original copy of the second will was destroyed, as stated in her previous testimony. A duplicate copy was given to the client and Low said she had no knowledge what became of that particular copy.

On Monday, Sithambaram highlighted that the second will has not been produced in court and its contents cannot be verified. Low had drafts of the second will which have been tendered to the court as evidence.

Sithambaram: The closest to the second will are the four drafts?

Low: Yes, and the final will.

Among other changes to the second will include properties in Ampang bequeathed to Siew Kim's other daughter, Cressa Chan Tshiao Yunn and Cressa's daughter.

Low said that after discussions, only one property in Ampang was left to Cressa while her brother Marcus Chan Jau Chwen received the other two Ampang properties.

It is important to note that Cressa is not contesting the wills.

T'Shiao Li, 47, and T'Shiao Miin, 44, filed the suit in 2023, naming their brother Marcus, the executor and trustee of the final will Malcolm Fernandez and Chan Mei Yi, and Low who drafted and witnessed the final will.

The sisters claim that after their mother’s death, they had discovered the other two wills.

They claim that the short time span between the second and third will give rise to a suspicious circumstance surrounding the preparation and making of the final testament.

They also claim that it's not clear why their mother was made to execute her last will hastily, especially since she was not in a position to do so following her deteriorated mental and physical condition.

Their brother Marcus was left with properties in Jalan Ampang, shareholding in Mantap Awana Sdn Bhd, the contents of all safe deposit boxes and 30% of Siew Kim's residuary estate.

Low is the beneficiary of 70% of the residuary estate via the Dikim Foundation.

Siew Kim, who was the third child of Genting Group of Companies founder Tan Sri Lim Goh Tong, passed away due to cancer in July 2022. She was 73 years old.

The trial before High Court judge Mahazan Mat Taib continues on Tuesday.

Read also:
Trial of battle over the late Lim Siew Kim’s RM1.6 bil estate to resume in June
Genting estate dispute: Witness says she was present at will reading, but says not for her to disclose she was trustee to 70% residual estate
Genting inheritance dispute: 'Beneficiary' of 70% residual estate says 'no knowledge' of assets' worth
Genting estate dispute: Lawyer who prepared disputed will claims law doesn't bar beneficiaries from drawing up the document