KUALA LUMPUR: The executor named in the contested probate for Datuk Anthony Kevin Morais' estate has defended his appointment, stating that the application was made with the approval of the late deputy public prosecutor's brothers.
Lawyer S. Raam Kumar and law firm K.B. Tan, Kumar & Partners said they had Richard Morais' "tacit, if not express consent" to propound a disputed copy of Morais' will, dated May 21, 2005, according to a joint statement filed in the Ipoh High Court last Monday (May 13).
The defence statement was filed by solicitors Satish Alli & Associates.
Raam Kumar was the first defendant in the suit, while the law firm was cited as the second defendent. Raam Kumar is a partner of the law firm.
Their defence statement was in response to a suit by Richard last month, seeking a declaration that the will drawn up by Kevin in 2005 was not legally valid.
Richard is Kevin's younger brother.
He had filed a writ and statement of claim at the Ipoh High Court on April 8, and also asked that the Dec 12, 2022 grant of probate appointing Ipoh-based lawyer S. Raam Kumar as the executor of Kevin's will to be immediately revoked.
In the defence statement, Raam Kumar said he had a close, brotherly-like relationship with Kevin, and had accompanied Richard to Kevin's apartment in Kuala Lumpur on Sept 4, 2015, not long after his brother went missing.
"The plaintiff (Richard) entered the deceased's bedroom and on re-emerging therefrom, handed over to the first defendant (Raam Kumar) an envelope containing the impugned will," said the document, which was quoted by online portal Free Malaysia Today (FMT).
Raam Kumar also said the will had named Raymond Walker, a beneficiary and a witness, whom he came to know through Kevin.
He said that in September 2015, he had received the same copy of the will via email from Raymond's nephew, Gavin Walker.
Raam Kumar also said Richard had legal representation when a consensus was reached among Kevin's three siblings - the other two being Charles and David Morais - authorising him to probate a copy of the will.
"All reasonable efforts were made to secure the production of the original copy of the impugned will and it was only at the persistent urging of the plaintiff (Richard) coupled with the express consent of the plaintiff (Richard) and/or his solicitors and David that the first defendant (Raam Kumar) proceeded to probate the impugned will," it reported.
Raam Kumar had claimed that consensus was also reached for an equal redistribution of Raymond's 70 per cent share among the three Morais brothers.
He said Richard had affirmed and filed his affidavit in the probate action only after it had been vetted and approved by Richard's solicitors, adding that Richard's police report dated Feb 21 this year was "an afterthought and actuated by bad faith."
In the defence, the law firm said it could not be held vicariously liable to Richard "as at all material times, it acted for the first defendant (Raam Kumar) only."
"The plaintiff (Richard) was never the second defendant's (the law firm's) client. As such the second defendant owes no duty of care to the plaintiff," it said.
In any event, Raam Kumar denies misconducting himself or acting fraudulently or negligently in the course of probating the impugned will, and denies refusing to give an account of the monies due to Richard.
He had said instead, Richard's portion of the estate, valued at RM224,552.01, was paid over to the insolvency director-general as the former was an undischarged bankrupt.
Richard was represented by lawyers from S. Ravichandran & Anuar.
Kevin, 55, was reported missing on Sept 4, 2015, and was last seen leaving a condominium driving a Proton Perdana car from Menara Duta, Kuala Lumpur, to his office at the Attorney-General's Chambers in Putrajaya.
His body was found in a cement-filled drum along Persiaran Subang Mewah, Subang Jaya, on Sept 16 the same year.
