Wijewardane v. De Soysa – sllr 2002 volume 1 page 050

In the case between WIJEWARDANE (Plaintiff) and DE SOYSA (Defendant), the court addressed the validity of the Last Will of Lionel Surasena de Silva, specifically considering whether it was the true and voluntary act of a capable testator. It was held that the Will represented the free volition of the testator, with no proven undue influence or fraud, thus the appeal was dismissed and costs were awarded against the appellant. The judgment reaffirmed the principle that the party propounding a Will must prove it was freely made by a capable testator, and if a party stands to benefit, evidence must be carefully scrutinized for signs of coercion. Reliance was placed on established case law governing the burden of proof in testamentary matters, with the decision emphasizing that careful scrutiny