KUALA LUMPUR (June 9): The late Lim Siew Kim allegedly did not want to leave any cash bequest to two of her daughters, the court heard on Tuesday.

Continuing her testimony in the ongoing court battle over her RM1.6 billion estate, defence witness Datuk Low Beng Choo testified that Siew Kim had allegedly said that Chan T'Shiao Li and Kimberly Chan T'Shiao Miin "were lucky" to get the RM900,000 and RM100,000 respectively.

Both T'Shiao Li and T'Shiao Miin were bequeathed RM10 million in the first will dated Nov 2, 2021. However, this amount was later reduced in the second will dated April 11, 2022, and was maintained in the final will dated April 28, 2022.

Low, the lawyer who drafted two of the three contested wills, testified in open court that during a meeting over the second will, Siew Kim allegedly did not want to give her daughters "anything", but had a change of heart following "a long discussion" with Low.

Defence counsel Tan Sri Cecil Abraham: The reduced bequest [for the plaintiffs], did the decease give you a reason?

Low: [T'Shiao Li] and her husband were (purportedly) stealing and making false claims from the companies they were involved in. [Siew Kim] felt very betrayed. [T'Shiao Li] was told to leave the company, eventually she left anyway. [Siew Kim] was [also] angry that [T'Shiao Miin] made allegations of mental state of mind of her mother in another proceeding. When the deceased's husband was in hospital, they were engaged in argument about life support.

Initially, Low did not want to divulge the reasons for the reduced bequests due to solicitor-client confidentiality. However, High Court judge Mahazan Mat Taib compelled the witness to disclose the reason.

It is important to note that T'Shiao Li and T'Shiao Miin — the plaintiffs in this suit — are contesting any statement allegedly made by Siew Kim, on the grounds that it is hearsay evidence.

On Tuesday, Low also testified that during discussions for the third and final will, she had once again broached the subject of changes to the cash bequests for the two daughters, but this was allegedly shot down by Siew Kim.

"[I asked], do you want to change cash bequests? She gave me a very angry, very definite 'no'. 'No change, they don't deserve. Lucky I'm giving some," Low said.

Low also maintained that Siew Kim was always of sound mind and was alert during the signing of all three wills.

"She was very alert. Very lucid. In all my years knowing her, [I have always found her] to be feisty. She knew what she wanted and she knew what she was doing," Low said.

This comes on the heels of the plaintiffs’ contention that their mother's could have been confused, disoriented and dizzy from undergoing treatment for fluid in her lungs and ovarian cancer.

Low also testified that she had no knowledge that Siew Kim was prescribed morphine from March to May 2022.

On Tuesday, Low stressed that she was not a named beneficiary, but rather only a trustee of Dikim foundation, the beneficiary of 70% of the residuary estate.

"From the first, second and third will, 30% [of the residuary estate was to go] to Marcus Chan Jau Chwen and 70% to Dikim.

"I didn't draft the first will — I wasn't involved. It was already there. I'm not a director. This is a foundation. I am a trustee.

"I am not a named beneficiary — you don't benefit through the foundation. This is a trust; there are rules, laws, constitutionality," Low said.

 Low added that she did not receive any gift for drafting the wills or any other benefit. She stressed that she only received legal fees for her services, but did not charge Siew Kim for services in relation to the third will.

T'Shiao Li and T'Shiao Miin filed the suit in 2023, naming their brother Jau Chwen, the executor and trustee of the final will Malcolm Fernandez and Chan Mei Yi, and Low as defendants.

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

Senior lawyer Abraham is acting for Fernandez. He is in the midst of cross-examining Low.

The trial continues on July 27.

Read also:
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