The appointment of Administrators Pendente Lite is essential for managing a deceased's estate during litigation, ensuring neutrality and preserving assets pending the resolution of disputes over the will's validity.

Introduction

[1] The defendants apply to me for the appointment of Administrators Pendente Lite to administer the estate of Lim Siew Kim, deceased ["Deceased"] and for certain ancillary orders. [See encl 12 Notice of application dated 13 April 2023].

[2] The term Administrator Pendente Lite is Latin for "administrator pending litigation". Such a person is appointed by a Court to manage a deceased's assets until the dispute over the deceased's will is resolved by the Court.

[3] The defendants who are executors of the will of the Deceased dated 28 April 2022 ("Impugned Will") urged me to grant their application urgently as decisions are required to manage the assets pending Court resolution of a dispute over the validity of the Impugned Will with the plaintiffs. In the Supporting Affidavit encl 13 Exhibits L-11 and L-19 and from paras 35 to 36.2.3 the defendants have set out details of funding that they say is urgently required to be paid out from the estate of the Deceased.

[4] The estate of the Deceased is huge by any standards. The plaintiffs say the estimated value of the estate is about RM1.6 billion. The defendants say "if we accept the plaintiffs' valuation of the Estate at RM1.6 billion and the Will is disproved, then the Plaintiffs, together, stand to gain approximately RM799 million." [See encl 29 para 3.6 and encl 33 para 66].

[5] However, I should point out that the Impugned Will of the Deceased has a "No Contest Clause". Such a clause provides that if a beneficiary challenges the will or any of its provisions, the beneficiary forfeits what he or she would have received under the will. Such a beneficiary is "in terrorem" (in fear) of challenging the will lest he or she forfeits his or her inheritance.

[6] A copy of the Impugned Will dated 28 April 2022 can be seen in encl 13 Exhibit L-5. The bulk of the Estate goes to a foundation called Dikim Foundation [70%] and to a son by the name of Marcus Chan Jau Chwen [30%].

The Parties

[7] The Deceased is a daughter of the late tycoon Tan Sri Lim Goh Tong, the founder of the Genting Group of companies. She is also the wife of the late Mr Dick Chan Teik Huat of the accounting firm known as Kassim Chan & Co (now Deloitte).

[8] The 1st plaintiff Chan T'shiao Li and the 2nd plaintiff Kimberley Chan Tshiao Miin are the 2nd and 3rd children (daughters) respectively of the Deceased.

[9] The 1st defendant Malcolm Fernandez of Messrs C. Sukumaran & Co is a lawyer who for many years acted for the Deceased and various companies controlled by the Deceased. The 2nd defendant Chan Mei Yee is the personal assistant of the Deceased for many years.

[10] Both defendants are executors named in the Impugned Will. They are not family members of the Deceased.

[11] The plaintiffs are represented by Messrs Sitham & Associates of No 4-B, Brown Road, 10350, Penang. The two defendants were initially represented by Messrs Avinder Gill Chambers of F-1-11, First Floor, Block F, Pusat Komersil Jalan Kuching, No 115, Jalan Kepayang, Off Jalan Kuching, 51200 Kuala Lumpur.

[12] After the 1st hearing on 18 September 2023 the 2nd defendant changed her solicitors to Messrs Raj, Ong & Yudistra at Suite 50-4-13 & Suite 50-412, 4th Floor, Wisma UOA Damansara, Jalan Dungun, Damansara Heights, 50490, Kuala Lumpur. The 1st defendant continued to be represented by Messrs Avinder Gill Chambers.

Issues Before Me

[13] The issues before me are:

1. Whether I should appoint Administrators Pendente