IMBULMURE VS. THE PUBLIC TRUSTEE

IMBULMURE
VS.
THE PUBLIC TRUSTEE

COURT OF APPEAL
ERIC BASNAYAKE, J.
CALA 398/2004
DISTRICT COURT COLOMBO 35481/T,
SEPTEMBER 6, 2007
MARCH 30, 2012.

Civil Procedure Code - Section 544, Section 544 (3) - Nomination in respect of monies in accounts, shares, life insurance, fixed deposits - Death of nominator -Should the deposit certificates be included in the Estate of deceased?

Held:

(1) Nomination shall have effect upon the death of the Nominator notwithstanding anything to the contrary in the last will.

Per Eric Basnayake, J.

"The act makes provision for those companies to deliver property to the nominee on the death of the nominator and get themselves discharged from the obligation."

(2) The Nominee has to make a claim from the person in whose custody the property lies The nominee has to prove his identity to the custodian.

Appeal from the Judgment of the District Court of Colombo with Leave being granted.

Cases referred to :

(1) De Silva Vs. Gomes 30 NLR 249
(2) Pathmanathan Vs. Thurasingham 74 NLR 196
(3) Rosalin Vs. Herat 65 CLW 55

Kushan De Alwis for the intervenient Respondent Petitioner.

M.U.M. Ali Sabry with Ruwahtha Cooray for

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