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Fresh questions emerge over drafter of Lee Kuan Yew's last will

SINGAPORE — More questions surrounding Mr Lee Kuan Yew's last will have emerged, amid a deepening dispute among his children over the document and what it says about the late founding Prime Minister's decision on the family home at 38 Oxley Road.

More questions surrounding the late Mr Lee's last will have emerged, amid a deepening dispute among his children over the document. TODAY file photo.

More questions surrounding the late Mr Lee's last will have emerged, amid a deepening dispute among his children over the document. TODAY file photo.

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SINGAPORE — More questions surrounding Mr Lee Kuan Yew's last will have emerged, amid a deepening dispute among his children over the document and what it says about the late founding Prime Minister's decision on the family home at 38 Oxley Road.

In two Facebook posts on Saturday (June 17), Mr Lee Hsien Yang, the former PM's younger son, wrote that his father's final will on December 17 2013 was a reversion to his first will of August 20, 2011 "on his express instructions".

He added: "The execution of the final will was done openly and (Prime Minister Lee Hsien Loong) was kept in the loop."

In an earlier Facebook post on Friday, Mr Lee Hsien Yang, responding to questions surrounding the last will from his elder brother, PM Lee, wrote that his wife's law firm - then Stamford Law Corporation, but now known as Morgan Lewis Stamford LLP - "did not draft any will" for the late Mr Lee.

"The will was drafted by Ms Kwa Kim Li of Lee & Lee," Mr Lee Hsien Yang added, in reference to the final will. Ms Kwa, the niece of the late Mr Lee's wife Kwa Geok Choo and the managing partner of law firm Lee&Lee, had prepared six wills for Mr Lee Kuan Yew prior to the final one.

Ms Kwa, however, denied having a role in the last will. "I did not prepare the last will," she was quoted as saying by The Straits Times late on Friday night.

Another source of contention, aside from questions about who prepared the last will, involves the so-called demolition clause in Mr Lee's will. 

The clause appeared in his first will, stating his wish for the Oxley Road house where he had lived since 1945, to be demolished upon his death or when his daughter Dr Lee Wei Ling moves out.

The late Mr Lee "gave instructions to remove" the clause from the fifth and sixth versions of his will, according to excerpts of the statutory declarations that PM Lee made to a ministerial committee looking into options for 38 Oxley Road. 

The clause made its way back to into the final will. It is unclear why the late Mr Lee changed his mind on the clause between the various versions of his will.

The clause has, nonetheless, been the source of a major disagreement between PM Lee on one side and his siblings, Dr Lee and Mr Lee Hsien Yang, on the other.

Dr Lee and the younger Mr Lee have argued that their father's wish for the house to be demolished is "final and binding", as expressed in his last will. They have also alleged that their eldest brother has abused his position as Prime Minister and wants to preserve the house to enhance his political capital. 

They also accused PM Lee and his wife of wanting to milk their father’s legacy and harbouring political ambitions for their son, Hongyi. The latter posted on Facebook on Thursday that he had “no interest in politics”.

PM Lee and his wife Ho Ching have denied the allegations. The Prime Minister has also raised “grave concerns” about events surrounding the making of his father’s last will.

Giving his version of how his father’s last will came to be made — contents of which he said he only learnt about in April 2015, after Mr Lee’s death the previous month — PM Lee questioned the role of his sister-in-law, Mrs Lee Suet Fern, in the will and whether there was conflict of interest on her part. 

Among other questions, he also asked whether the provisions of the will were explained to Mr Lee Kuan Yew and if his father gave specific instructions to re-insert the demolition clause.

Without “proper and complete answers” to these and other questions, “there are serious doubts about whether Mr Lee (Kuan Yew) was properly and independently advised on the content of the last will before he signed it”, he said.

In his statutory declarations on the matter, PM Lee said preparations were carried out for the last and seventh will after a discussion between Mr Lee Hsien Yang and their father in late 2013. The last will was to revert to the three children receiving equal shares of his estate, instead of Dr Lee receiving a larger share than her brothers.

“Yet, the Last Will that (Mrs Lee Suet Fern) and her law firm prepared and got Mr Lee (Kuan Yew) to sign went beyond that. Significantly, they re-inserted the demolition clause, even though that clause does not appear to have been discussed at the time of the making of the Last Will and had been in fact removed by Mr Lee from (the fifth and sixth wills),” said PM Lee, calling the circumstances “deeply troubling”.

PM Lee added that in a span of 41 minutes on Dec 16, 2013, Mrs Lee Suet Fern had seen to the preparation of the new will and got a lawyer from her law firm to be on standby to get it executed by Mr Lee Kuan Yew, he said. In that duration, their cousin Kwa Kim Li was removed from the email loop by Mr Lee Hsien Yang, he added.

The next day, at 11.05am on December 17 2013, two lawyers from the then Stamford Law Corporation - Mr Bernard Lui and Ms Elizabeth Kong - arrived at 38 Oxley Road to "procure Mr Lee’s signature on the last will", according to PM Lee's statutory declarations.

In his first Facebook post early on Saturday morning, Mr Lee Hsien Yang said Mr Lui's and Ms Kong's roles were "purely one of attestation", and that they were called upon because Ms Kwa was uncontactable. 

In his second Facebook post on Saturday afternoon, Mr Lee said the notes filed by the two lawyers said the late Mr Lee "read through every line of the will and was comfortable to sign and initial at every stage, which he did in our presence". 

He also cited an email purportedly from his father on December 16 that said: "OK. Do not wait for Kim Li. Engross it and I will sign it before a solicitor in (Mrs Lee Suet Fern's) office, or from any other office.

Mr Lee Hsien Yang further published excerpts of an email from his sister Dr Lee to him on December 16 with the subject header: "Papa says to go back to 2011 will." 

Dr Lee wrote: "To get a notary public not from Lee&Lee to witness his signature and that settles it."

Mr Lee Hsien Yang concluded in his latest statement: "Lee Kuan Yew read the final will carefully and initialled every page, including just below the demolition clause. 

"The final will was subsequently given to Lee Kuan Yew's lawyer, Kwa Kim Li, for safe-keeping."

Meanwhile, opposition member Tan Jee Say entered the fray with a Facebook post Saturday afternoon. In it, Mr Tan urged President Tony Tan to open a 'public inquiry', saying the allegations by Mr Lee Hsien Yang and Dr Lee Wei Ling are 'a matter of grave public concern'.

This story is developing.

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