Nikhil Mukherjee

The applicant challenged his mother's Will, which disinherited him, arguing she lacked testamentary capacity, suffered from insane delusions, and was unduly influenced by his brother.

The court found that while the Will was executed under suspicious circumstances, the respondents successfully proved the testator had testamentary capacity and was not operating under insane delusions.

The court held that the testator's reasons for disinheriting the applicant, though perhaps unreasonable or based on misunderstandings, were grounded in actual events and did not amount to insane delusions.

The applicant also failed to prove undue influence.

The application and related action were dismissed.

In a will challenge application, the parties brought cross-motions regarding the appointment of an Estate Trustee During Litigation (ETDL).

The applicants sought to appoint a professional trust company, while the respondent executor named in the impugned will sought to be appointed himself.

The court found that an ETDL was necessary and appointed the respondent executor, noting he had no beneficial interest in the estate, was neutral, and had already been managing the estate's assets.

The court dismissed the applicants' motion to appoint a limited partnership as ETDL, as it was not legally authorized to act in that capacity.

The court also granted directions for an accounting, production of medical records, and interim custody of certain chattels.

At a trial management conference for a will challenge and related gift challenge, the court directed that the two proceedings be tried together to avoid duplicating evidence regarding the deceased's capacity.

The court ordered that evidence in chief be given primarily by affidavit, with limited oral examination, and set a timetable for the exchange of materials and a pre-trial conference.