R.M. Seelawathie Menike Piyasena vs Chula Subadra Dissanayake Mahawela – SC APPEAL 170/2011-2023

In the case between Chula Subadra Dissanayake Mahawela (also known as Chula Piyasena) and R.M. Seelawathie Menike Piyasena, the court addressed the issue of the validity and genuine execution of a disputed last will attributed to the deceased. It was determined that the alleged suspicious circumstances related to the will’s execution were minor and found capable of natural explanation, thus affirming the will as the true act and deed of a free and capable testator. The decision reaffirmed the principle that the propounder of a will bears the initial burden of establishing due execution but such burden shifts where suspicious circumstances are clarified, provided statutory compliance is demonstrated. The ruling relied on the Wills Ordinance, Prevention of Frauds Ordinance, Notaries Ordinanc