Bank of Ceylon v. Upali Dias – sllr 1982 volume 2 page 732

In Bank of Ceylon (petitioner) v. Upali Dias (respondent), the court addressed whether a bank can be compelled to deposit the funds of a deceased customer into testamentary proceedings prior to the grant of probate or letters of administration, and clarified the legal relationship governing such circumstances. It was held that the bank, standing in a debtor-creditor relationship with its customer, is obligated to act only upon the mandate of a duly empowered personal representative—namely, one who holds probate or letters of administration. The decision reaffirmed that absent such authority, neither the executor named in a will nor the court itself may require the bank to release funds, and any lower court order to that effect is without jurisdiction. This conclusion was based on establish

REF: sllr 1982 volume 2 page 732 Category: Tag:
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