NAGALINGAM SUBRAMANIAM VS. SIVALINGAM AND OTHERS

NAGALINGAM SUBRAMANIAM
VS.
SIVALINGAM AND OTHERS

COURT OF APPEAL
ABDUS SALAM, J
CA 786/1999
DC MOUNT LAVINIA No: 443/96T

Testamentary Case - Application for letters of administration - Last will tendered -Initial burden on propounder of the will - Rational will - Due execution - Shocks conscience of Court - Presumption of due execution - Suspicion? Omina praesumuntur rite esse acta.

Estate of one S was administered and the Petitioner R applied for letters. Pending the determination of the application, a brother of the deceased intervened in the action and claimed that the deceased had left a last will - No- 3523 which he sought to prove in the case The Learned District Judge after inquiry held that the deceased died intestate and issued fetters to the widow of the deceased. The intervenient Petitioner appealed.

Held:

(1) it is trite law that when a will is in proper form and duly executed it is presumed in law that all the requirements attached to the will had been fulfilled. This presumption in law is known as ominia praesumurtur rite esse acta.

Per Abdus Salam, J.

"It is quite apparent that Court has failed to

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