Mode Jenewe Elnora Wijesinghe vs Rosary de Silva – CA NO : 1223/96-2014

The case between Mode Jenewe Elnora Wijesinghe and Rosary de Silva and others involved the validity of a Last Will purportedly written by the deceased in his own handwriting and attested by five witnesses, as required under Section 4 of the Prevention of Frauds Ordinance. The dispute focused on whether the will was genuine or forged. The District Court found the will to be a forgery and ordered the deceased’s estate to be administered intestate. Upon appeal, the judgment was scrutinized for errors in the assessment of testamentary capacity and improper reliance on the timing between the will’s execution and the testator’s death. It was held that the lower court misapplied legal principles concerning the validity of wills, specifically the weight given to the date of execution relative to d