Ellawala v. Wijewardena and Another – sllr 1991 volume 2 page 045

In the case between Ellawala (intervenient-petitioner, elder daughter of the deceased) and Wijewardena and another (petitioners-respondents, including the younger daughter), the court addressed the issue of testamentary capacity and the validity of a last will executed while the testator was seriously ill and hospitalized. It was held that the evidence did not establish lack of testamentary capacity, undue influence, or procedural irregularities sufficient to invalidate the will; instead, the will was found to be a rational and natural disposition. The decision reaffirmed the principle that mere failure by the notary to consult medical advisors does not per se cast doubt on testamentary capacity, where compelling evidence supports mental alertness and voluntariness. Reliance was placed on