Violet Perera Nee Clerk v. Bupa Hewawasam and Others – sllr 1985 volume 1 page 229

In the case between the petitioner, the widow and executrix of G.M.P. Senalankadhikara, and the respondents including Rupa Hewawasam (the first respondent, sister of the testator), the court addressed whether the original Last Will was destroyed by the testator with the intention to revoke it and whether the petitioner had successfully rebutted the presumption of revocation. The court examined the probative value of documentary evidence (notably, a police complaint and a power of attorney in favour of a respondent) and assessed the admissibility of evidence unchallenged at trial. It was held that the petitioner failed to rebut the presumption that the original Will was destroyed by the testator animo revocandi, thereby upholding the principle that when the original Will is missing at death

REF: sllr 1985 volume 1 page 229 Category: Tag:
Scroll to Top