Appa Kuttige Karolis Perera vs Appa Kuttige Simion Perera – CA NO. 740/2000-2011

The case between Appa Kuttige Karolis Perera and Appa Kuttige Simion Perera and others addressed the issue of the validity and proper execution of the LAST WILL of Engalthina Perera. It was held that the appellant failed to discharge the burden of proving the authenticity and due execution of the WILL, reaffirming the principle that the propounder of a will must establish its genuineness and proper attestation. The decision relied on established evidentiary standards and the relevant provisions governing testamentary actions, emphasizing that procedural or factual irregularities, such as errors in execution and discrepancies in evidence, justify the refusal of probate where doubt is cast on a will’s validity.

A.W.A. Salam J. — Upon review, it was determined that the mistaken reference to