Welgama v. Wijesundera And Another – sllr 2006 volume 1 page 110

In the case between Welgama (widow/appellant) and Wijesundera and another (sisters/respondents), the court addressed the issue of the appropriate date for presuming the death of Wijewardena for purposes of administering his estate in testamentary proceedings. It was held that the amendment to Section 108 of the Evidence Ordinance, which reduced the period for presumption of death from seven years to one year, should be applied prospectively from 21.04.1988, the date the amendment came into force. The principle reaffirmed was that procedural legislative amendments affecting the presumption of death do not have retrospective effect. This decision relied on the interpretation of Section 108, clarifying that the estate should be administered from the date the statutory presumption arises under