Fernando v. De Silva and Others – sllr 2002 volume 2 page 121

In the case between Fernando (Plaintiff/Appellant, propounder of the Last Will) and De Silva and Others (Defendants/Respondents, including the daughter and husband of the deceased testatrix), the court addressed the issue of whether the Last Will and Testament of Therese Millicent Anthony had been executed as a free and voluntary act, and whether sufficient evidence was presented to remove doubts regarding the mental capacity of the testatrix at the time of execution. It was held that the petitioner had not succeeded in dispelling the suspicions stemming from evidence related to the testatrix’s mental health and inconsistencies in documentation around the Will. The court reaffirmed the principle that the burden lies on the party propounding a will to overcome any suspicious circumstances a