Succession and Matrimonial Property
Succession and Matrimonial Property
This domain tests wills, intestacy and the interaction between succession and matrimonial property.
Core rules
- The Wills Ordinance No. 21 of 1844 requires a will to be in writing, signed by the testator and attested by two witnesses present at the same time.
- Testamentary capacity requires understanding of the nature of the act, the property and the natural claimants.
- Intestate succession depends on the applicable regime: the general Matrimonial Rights and Inheritance Ordinance, Kandyan law, Muslim law or Thesawalamai.
- A will may be revoked by a later will, writing or destruction; a codicil must satisfy the same formalities.
Worked example
A testator signs a will leaving everything to one child. A beneficiary signs as a witness. The notary should refuse: a beneficiary-witness may invalidate the gift or raise a conflict. The will must be re-executed with two independent witnesses. The reasoning is that the formality protects against fraud, and the notary's duty is to ensure the will is valid, not merely signed.
Traps
Using a beneficiary as witness; missing the simultaneous presence of witnesses; overlooking a prior will; and confusing intestate shares with forced heirship, which Sri Lankan general law does not generally impose.