PETALING JAYA: A brother of murdered deputy public prosecutor Kevin Morais has filed a suit seeking a declaration that the will drawn up by Kevin in early 2005 is not legally valid.
Kuala Lumpur-based businessman Richard Morais, who filed a writ and statement of claim at the Ipoh High Court yesterday, also wants the Dec 12, 2022, grant of probate appointing Ipoh-based lawyer S Raam Kumar as the executor of Kevin’s will to be revoked immediately.
Apart from Raam Kumar, Richard has also named legal firm Messrs KB Tan Kumar & Partners as the second defendant.
Richard also wants the court to award damages for the defendants’ alleged fraud, conspiracy and collusion and other relief deemed fit by the court.
In the suit filed by solicitors Messrs S Ravichandran & Anuar, Richard wants an order that he, Amanah Raya Bhd, or any other individual as ordered by the court, is to apply for the letters of administration for the estate of Kevin should the suit be allowed.
Last week, the High Court granted a citation to Richard that compelled Raam Kumar to surrender the grant of probate within 14 days to the court which issued the document.
Richard said Raam Kumar had drafted an affidavit to say that only a copy of the will was found at Kevin’s condominium, and that this was sufficient to obtain the grant of probate from the court.
The copy of the will states that 70% of Kevin’s estate will be given to a Raymond Walker in the United Kingdom and 7.5% each to brother David, the plaintiff, Raam Kumar and the Church of Our Lady of Lourdes in Ipoh.
The other beneficiary in the copy of the will is one Ali Yusof, who is to be given Kevin’s antique collection located at his condominium in Kuala Lumpur.
It has been the stand of the plaintiff that he never found the copy of the will, but that it was given to him by lawyer Americk Sidhu – who informed him that the copy of the will was given to him by Raam Kumar.
The plaintiff had lodged a police report on Feb 21 this year.
Richard claimed the application for the grant of probate was made fraudulently, negligently or recklessly by misleading the court.
He said Raam Kumar had also averred in an affidavit that his (Richard) US-based brother Charles was a beneficiary, but this was not stated in the will.
Richard said Raam Kumar had also affirmed an affidavit that Walker, who passed away on Sept 16, 2014, was a witness, and that the statement in the affidavit was fraudulent and/or grossly negligent and made to mislead the court.
The two witnesses are RP Woollard and Peter Causton.
Richard said it was a trite position of law that a witness could not be a beneficiary under a will and that Raam Kumar had also taken the position that Walker was not entitled to 70% of the proceeds.
Further, Richard claimed Raam Kumar had used his position as a lawyer and executor to distribute Walker’s 70% share. This led to a revised shareholding of him (Richard) (30.83%), David (30.83%) and Charles (23.3%) which was illegal and contrary to the express statement in the copy of the will.
Raam Kumar and the church’s share remained at 7.5% each.
When contacted, Richard told FMT that he had lodged reports with the MACC and police on the matter.
Kevin, 55, was reported missing on Sept 4, 2015, and was last seen leaving his condominium in his official car. His body was found in an oil drum filled with cement in Subang Jaya 12 days later.
The Court of Appeal upheld the death penalty for six people, including a former military doctor, convicted of the murder that took place somewhere between Sentul, Kuala Lumpur, and Subang Jaya, Selangor. - FMT
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