Fernando vs Fernando – CA NO. 532/95-2011

Brief
In the case between Illekuttige Benjamin Lukas Severiyanus Fernando and others (Plaintiffs-Appellants) and Illekuttige Manuel Fernando and others (Defendants-Respondents), the court addressed the issue of entitlement to a share of the land “Maluwelawatta” by inheritance or under the Last Will of Lucas Fernando. It was determined that the Last Will vested the immovable property in Anthony, with the value of the property to be distributed among the heirs as prescribed, and that the plaintiffs were not entitled to a divided share in the property itself. The principle reaffirmed is that testamentary dispositions are to be given effect according to their explicit terms, and any claimed entitlement by heirs must be established with adequately verified documentary evidence. Reliance was pla