Imbulmure vs. The Public Trustee – sllr 2012 volume 2 page 413

In the case between Imbulmure (intervenient petitioner) and The Public Trustee (executor/respondent), the court addressed whether a nomination made under Section 544 of the Civil Procedure Code overrides directions in a last will regarding fixed deposit certificates and whether such nomination entitles the nominee to direct payment by the custodian institution. It was held that a valid nomination under Section 544 prevails over contrary provisions in the deceased’s will, mandating the custodian financial institution to transfer the nominated funds directly to the nominee, thereby excluding the fixed deposit certificates from the estate. This principle, reaffirmed with reliance on authorities such as De Silva v. Gomes and Pathmanathan v. Thurasingham, aims to prevent unnecessary multiplicat