Disaanayake Mudiyanselage Disanayake v. Disaanayake Mudiyanselage Dasanayake – CA 570/97 F -1997

In the case between Makalanda Malkanthi and Disaanayake Mudiyanselage Dasanayake (and Substituted Plaintiff-Respondent Dammatissa Disanayake), the court considered the validity of a last will relating to two state-granted lands and whether such lands could be devised by will without the District Secretary’s approval. The court determined that the District Judge erred by declaring the last will properly executed without adjudicating the pivotal legal questions or issuing directions regarding probate. The ruling reaffirmed the legal principle that questions of law relating to property rights and the validity of testamentary dispositions must be judicially determined rather than left for administrative discretion. Reliance was placed on procedural obligations under relevant law for probate an