Fonseka v. Candappa – sllr 1988 volume 2 page 011

In Fonseka v. Candappa, the court examined whether the destruction of Virginia’s last will (P4) under alleged duress constituted a valid revocation (animo revocandi) and whether such revocation revived an earlier will. The case involved conflicting witness testimony regarding the circumstances around the will’s destruction, particularly claims of harassment and duress. The trial court, whose findings were affirmed on appeal, determined that duress was not credibly established and that the will was voluntarily revoked. It was further held that the earlier will was not revived, with the estate devolving under the rules of intestacy. The decision reaffirmed the legal principle that, in the absence of evidence of valid duress or explicit intention to revive an earlier will, destruction of a la