Lakshani Madusha Sammuarachchi v Surangi Deepika Jayawardhena – SC APPEAL 220/2017-2022

In the case between Lakshani Madusha Sammuarachchi and Surangi Deepika Jayawardhena (with intervenient petitioners Nirmala Shiranthani Siriwardhena and Krishan Lakshman Siriwardhena), the court addressed the issue of whether probate was lawfully issued in favor of the appellant in light of procedural and statutory requirements under the Civil Procedure Code. It was held that the grant of probate was invalid, as the District Court failed to properly determine and record the due execution and validity of the last will, and did not comply with the mandatory requirements for notifying and naming necessary parties. The principle reaffirmed is that the statutory framework governing testamentary proceedings must be strictly followed, especially the requirements related to the proving of a will an