Wijewardena and Another Vs. Ellawala – sllr 1991 volume 2 page 014

Brief
The case between the representatives of Donald Joseph Wijewardena’s estate (including his widow and daughters) and Nelum Kumari Ellawala addressed the issue of the validity and lawful execution of a disputed last will. It was determined that the will (No. 2137 dated 7.1.85), attested by a notary and witnesses, was rational, duly executed, and complied with statutory requirements. The principles reaffirmed ensure that when a will appears rational on its face and has been properly executed under legal provisions, the absence of additional medical evidence does not invalidate probate, nor do familial relationships of attesting witnesses automatically raise a presumption of undue influence. The decision relied on the Wills Ordinance, Prevention of Frauds Ordinance, Notaries Ordinance, Ci