Dirckze vs. Stephen Perera and Others – sllr 2019 volume 1 page 422

In the appeal between the 6th Respondent-Appellant and the Petition-Respondent (executor of the Last Will), with additional respondents including the 7th and 8th, the court addressed the validity and proof of a Last Will alleged by the Appellant to be a forgery. The central issues concerned the sufficiency of the evidence supporting the Will’s authenticity, the necessity of attesting witnesses, and the effect of any alleged forgery on property inclusion. It was held that the Will was duly proved according to legal formalities, the affidavits and notarial evidence were uncontested, and that the appeal lacked merit. The principle reaffirmed was that the burden lies with the propounder to dispel any suspicious circumstances, and once due execution is established, further challenges fall away