In the matter of the last Will and Testament of Kurukulasuriye Augustino Fernando… – clr volume 1 page 059

In the matter of the last Will and Testament of Kurukulasuriye Agostino Fernando (deceased), the primary dispute arose between Istegu Peris (respondent/proponent, on behalf of minor executors) and objectors comprising two children and a son-in-law of the testator (appellants). The central legal issue concerned whether a notary licensed only in the English language could lawfully attest a will written in Tamil, with the attestation clause in English, such that probate may be granted under Ordinance No. 7 of 1840 and Ordinance No. 2 of 1877. The court ruled that a notary is authorized to attest documents provided the act of attestation is conducted in the notary’s licensed language, regardless of the language of the will itself, and that such wills are valid under the prevailing statutes. Th