Justice Carlton Best

A three-year battle for a $100 million estate ended in the High Court yesterday, with Justice Carlton Best ruling that an alleged will dated September 29, 1999, not be probated. Charma Maharaj had claimed that she was the last surviving executrix to the will, and that it be probated. But her two brothers, Haimraj and Vishnu, staked a claim, saying the will was not made by their father, well-known businessman Jagdath Maharaj. The effect of the court judgment means that the entire estate is now to be shared up by the siblings.

In an 11-page judgment delivered yesterday, Best dismissed the evidence in the case. He said after reading the evidence in the case, he was convinced that the whole exercise of attorney Suren Capildeo’s preparation and attestation of the will was a spoof. Best also found that the evidence of Capildeo’s secretary, Sheila Sardarsingh, was creative. “Further, I have not been convinced that their evidence has risen to the status of affirmative proof that the suspicion, which had excited the conscience of the court, has not been dissipated,” Best said. He ordered Charma Maharaj to pay costs fit for a senior and junior attorney. He granted a stay of execution of 28 days in the event of an appeal.

Seenath Jairam, SC, Phillip Lamont and Ramesh Persad-Maharaj represented the brothers, while Alvin Fitzpatrick, SC, and Lesley Lucky-Samaroo appeared for Charma. Jagdath Maharaj, racehorse owner and businessman, left a will dated September 28, 1999, with two of his six children as executors. Maharaj left behind a horse farm, sawmill and land in Piarco and Oropune and properties in east Trinidad. He died on December 21, 2005, aged 85, and left his entire estate to two of his six children. One of the executors, Baldath Maharaj, died before his father, so his sister Charma Maharaj was left as sole executrix. After Maharaj died in 2005, his daughter Charma applied for the probate of the will in July 2006, but a caveat was filed by her brothers Vishnu and Haimraj. Vishnu lives in Florida, while Haimraj, also known as “Ganga,” resides in Canada.

The two brothers argued that their father did not know and approve the contents of the will when it was signed. They are further contending their father did not give instructions for the drawing up of the will. Vishnu and Haimraj said the contents of the will were contrary to the behaviour and affection of their father. All in all, they are arguing that their father never signed the will. According to Best, there were two issues before the court:
•Was the purported will executed in accordance with the provisions of the Wills and Probate Ordinance?
• Did the deceased know and approve of the contents of the purported will?
Best said after Jagdath died, Haimraj and Vishnu performed the necessary funeral rites at their father’s cremation on December 24, 2005.

Two days later, Haimraj said a quarrel broke out at Jagdath’s home and his wife became upset and began to cry. Haimraj claimed that Charma came out of Jagdath’s room with several pages in her hand and said to his wife: “What are you crying about. Look at the documents, look at what you are going to get.” After the cremation, Haimraj asked Charma to see his father’s will, but he was told there was no will, that she got everything. Haimraj asked the following day about the will and was directed to Capildeo. Haimraj said when he eventually met with the attorney, Capildeo told him there was no will and that he should return to his home in Canada where he would receive some money.