Jayamaha Mudalige Karunawathie Jayamaha vs. Jayamaha Mudalige Leelawathie Jayamaha and others – SC APPEAL NO. 38/2014-2025

This case concerns an appeal against lower court decisions regarding the probate of a Last Will. The Appellant, as executrix, sought probate of the deceased’s Will, which was contested by the deceased’s first wife and child. The District Court and Court of Appeal dismissed the probate application, citing the Will’s nullification by a subsequent marriage and inferred destruction, respectively. The Supreme Court addressed the principles of Will revocation and the validity of a second marriage. It was determined that the Will’s execution was proven, the presumption of destruction was rebutted by evidence of the Testator’s violent death and ransacked premises, and the second marriage was void due to the first marriage not being dissolved under Roman Dutch Law. Consequently, the appeal was allo