Archbishop of Colombo v. The Land Reform Commission and Others – sllr 1995 volume 1 page 122

In the case between The Archbishop of Colombo and the Land Reform Commission (with the testator’s widow and her successors as additional parties), the court addressed the issues of whether the Last Will of the testator created a valid charitable trust and a fideicommissum, and the effect of the Abolition of Fideicommissa and Entails Act, No. 20 of 1972, as well as the applicability of exclusion (d) in Section 66 of the Land Reform Law with respect to land held under such trust. It was held that while the testator intended to create a charitable trust to benefit the Roman Catholic Church, the fiduciary interest did not vest in the beneficiary in time. As a result, under the relevant statutes, the fiduciary interest enlarged into full ownership, thereby extinguishing both the fideicommissary