Gunewardene v. Cabral and Others – sllr 1980 volume 2 page 220

In the case between Gunawardene and Cabral and Others, the court addressed the issue of whether the last will executed in 1955 was validly made by a free and capable testatrix, notwithstanding objections alleging forgery, fraud, and undue influence. It was held that the will had been duly executed; the propounder successfully discharged the onus of proving compliance with all statutory requirements, including the testatrix’s understanding and approval of the will’s contents. The principle reaffirmed is that a propounder must establish due execution, testamentary capacity, and volition, particularly where allegations of impropriety are advanced. This decision relied on the Civil Procedure Code, the Prevention of Frauds Ordinance, and the Notaries Ordinance, underscoring the sufficiency of t