Hettiarachchige Hemasiri Perera vs. Ranjani Dahanayake and others – CA NO 1374/99 F -2023

In the matter between Hettiarachchige Hemasiri Perera (as petitioner/appellant, substituted for the deceased) and Ranjani Dahanayake, Devika Amarasinghe (nee Dahanayake), and others, the court considered the validity and execution of a purported Last Will dated 10 August 1960 of Wilson Dahanayake. The primary issues were the undue delay of approximately 27 years in presenting the Will for probate, insufficiencies in the evidentiary record concerning the execution, signature, and testator’s intent, and whether the suspicion surrounding the document’s authenticity had been suitably dispelled. Upon review, it was held that the evidence failed to establish the Will as genuine. The court reaffirmed the principle that the party propounding a Will must remove all reasonable doubts about its authe