Saputhantrige Nandawathie vs Freeda Fonseka et al. – SC APPEAL 56/2010-2012

In the case between the substituted petitioner Meemanage Harold Fernando (administrator of Saputhantrige Nandawathie) and respondents including Jayani Wimalarathna née Fonseka, Manoja Waliwitigoda, and Meemanage Herbert Fernando, the court considered whether the High Court erred in law by accepting a Scheme of Distribution in a testamentary matter without the District Judge’s consideration. The central holding established that the High Court’s acceptance of the scheme, which bypassed consideration by the trial judge and failed to address objections from certain substituted heirs, was procedurally and legally improper. The principle reaffirmed is that all interested parties must be afforded a fair opportunity to contest schemes impacting their shares in intestate succession, consistent with