A mother owns a house and several plots of land. Before her death, she makes a last will leaving the house to one daughter and the land to her other children. After her death, someone in the family argues that all the children must receive equal shares. Is that correct? Not necessarily. Sri Lankan law allows a person to decide how their property should be distributed after death through a legally valid last will.
What Is a Last Will?
A last will is a legal document stating how a person's property should pass after death. The person making it is the testator; those receiving benefits are beneficiaries; and the person appointed to administer the estate is an executor.
For example, a father may leave a house to his wife, land to a child and money to another beneficiary.
A will may give specified assets to particular beneficiaries, name percentages of the estate, or include other lawful directions. Unlike a lifetime transfer of property, its testamentary directions generally take effect when the testator dies.
Can a Parent Leave Everything to One Child?
Under the Wills Ordinance, as amended by Act No. 29 of 2022, a person has broad freedom to choose beneficiaries. The law expressly recognises exclusion of particular relatives, including children, without giving reasons. A will is not automatically invalid because one child receives more than another. But the document must be valid, and the testator cannot ordinarily dispose of property that belongs to someone else.
That freedom does not remove the need to show the will was genuine or that the testator had the necessary understanding and acted freely when making it.
How Is a Valid Will Made?
Under the Prevention of Frauds Ordinance, as amended in 2022, an ordinary will is executed with prescribed signature and impression requirements before a notary public and two witnesses present at the same time. Relevant notarial requirements must also be met. Simply signing a handwritten or typed paper at home is not a reliable substitute.
What Does the Executor Do?
The executor administers the estate in accordance with the will and the law: locating property, addressing enforceable debts, applying for probate when required and distributing the remaining property. Appointment as executor does not mean the person personally inherits the whole estate.
Does the Will Have to Go Before a Court?
A will generally has to be proved through the testamentary procedure commonly called probate. A beneficiary should not assume inherited land can be sold or transferred immediately merely because their name appears in the will.
Can Someone Challenge the Will?
Yes, on recognised legal grounds such as forgery, unlawful pressure, lack of testamentary capacity or improper execution. Disappointment with the inheritance alone is not enough to establish invalidity.
What If the Will Does Not Mention Everything?
Property not effectively disposed of by a will may pass under the applicable intestacy rules. This is called partial intestacy. A carefully drafted provision dealing with the remaining estate can help avoid uncertainty.
A residuary clause is often used to cover assets not specifically mentioned, including property acquired after the will was made.
Conclusion
A last will lets someone decide how legally disposable property should pass after death. Its execution, validity and proper administration remain essential.
Legal References
- Wills Ordinance, as amended by Act No. 29 of 2022
- Prevention of Frauds Ordinance, as amended by Act No. 30 of 2022
- Civil Procedure Code, Chapter XXXVIII
Sinhala edition
A Sinhala translation is being prepared. No Sinhala article is published at this URL yet.
This article is for general legal information and public education. It is not legal advice for a particular matter or an Attorney-at-Law/client relationship. The applicable law and the circumstances of each estate must be examined individually.