What Happens If You Die Without a Will in Sri Lanka

🔑 Key Takeaways: What Happens If You Die Without a Will in Sri Lanka

• Dying without a will (intestacy) means your property will be distributed according to Sri Lankan inheritance law, not your personal wishes.
• Under the Matrimonial Rights and Inheritance Ordinance, a surviving spouse is entitled to only half of the estate. The other half goes to children, parents, or siblings – depending on your family situation.
• If you’re married with no children, your spouse still receives only half. The rest may go to your parents or siblings – even if you had no relationship with them.
• Making a will allows you to override intestacy laws and decide exactly how your estate is shared, and by whom.
• A valid will in Sri Lanka must now be signed before a notary and two witnesses, with the testator’s thumbprint – the old “five witnesses” method is no longer valid after the 2022 legal amendments.
• Without a will, families must go through court-administered testamentary proceedings and obtain Letters of Administration to access and distribute assets.
• Issues like multiple wills, forgery, or lost wills can complicate matters and often result in expensive, lengthy court proceedings.
• Making a legally valid will is the best way to protect your loved ones and avoid disputes, delays, or unintended heirs.

Introduction

When someone in Sri Lanka dies without leaving a valid last will (known as dying intestate), their property does not automatically go to their spouse or next of kin in full. Instead, intestate succession in Sri Lanka is governed by statutory rules that determine how the estate is divided among surviving family members.

These rules are primarily set out in the Matrimonial Rights and Inheritance Ordinance (No. 15 of 1876, as amended) and related laws, which form part of Sri Lankan inheritance law. In general, the law prioritizes close relatives like spouses, children, and parents, distributing the estate according to kinship. This article explains in detail what happens if you die without a will in Sri Lanka, covering various family scenarios (married with children, married without children, single individuals) and the legal process for administering an intestate estate. We also outline the legal requirements for a valid will in Sri Lanka – including recent changes to witnessing and notarization – to highlight how a proper will can override the default intestate scheme.

Intestate Succession in Sri Lanka: An Overview

Intestate succession refers to how a deceased person’s assets are distributed when there is no valid will. In Sri Lanka, for non-Muslims (and those not under special personal laws), intestate succession of immovable property is governed by Part III of the Matrimonial Rights and Inheritance Ordinance​.

This Ordinance, originally enacted in 1877, establishes a fixed order of heirs and shares. It applies as the general law for intestacy, except for communities with their own inheritance laws (such as Muslims under the Muslim Intestate Succession Ordinance and Kandyan Sinhalese or Jaffna Tamils under their respective customs)​.​

Under Sri Lankan inheritance law, the guiding principle is that the surviving spouse is entitled to a portion of the estate (a one-half share), and the remaining portion is distributed among other relatives in a prescribed order​.

The goal of these laws is to ensure the estate passes to the decedent’s family members in a structured way when no will specifies a different plan.

Key features of intestate succession in Sri Lanka include:

• Surviving Spouse’s Right – The surviving husband or wife inherits one-half of the deceased’s property outright​. This spouse’s share comes off the top of the estate. (If no spouse survives, the entire estate is distributed among the other relatives as described below.)
• Children and Descendants – Children (and if a child has died, their children or lineal descendants) are next in line and are preferred to all other relatives aside from the spouse​. After the spouse takes one-half, the other half of the estate goes to the children of the deceased, to be divided equally. All children inherit equal shares per capita, and if any child predeceased leaving offspring, those offspring inherit that child’s share by representation (per stirpes)​. In other words, grandchildren or more remote descendants will step into the shoes of their deceased parent.
• Ascendants and Collaterals – If the person who died intestate had no surviving children or descendants, the law then looks to ascendants (parents) and collateral relatives (siblings and their descendants). The Ordinance provides a detailed order of devolution for these relatives​. Generally, surviving parents and siblings will share the portion of the estate that the children would have taken:
  • If both mother and father are alive and there are no children, the parents inherit the estate (after the spouse’s half) – typically this means each parent would get half of that portion​.
  • If only one parent is alive, that surviving parent takes half of the estate (or half of the remaining half, if a spouse also exists), and the siblings of the deceased (brothers and sisters) share the other half​. Siblings of the full blood (same mother and father as the deceased) and half-blood (sharing one parent) are both entitled, but full siblings usually have priority in sharing with the half-siblings on the deceased’s parental side​. Children of any deceased siblings (nieces and nephews of the decedent) can represent their parent and take that parent’s share.
  • If one parent is alive and no siblings are alive, the surviving parent inherits that entire portion (meaning the parent would take everything other than the spouse’s half)​. The law specifies that if there are no living brothers or sisters at the time of death, the lone surviving parent inherits the whole share, even if the deceased had nieces or nephews​.
  • If no parent is alive, then the estate (or the remainder after the spouse’s share) goes to the siblings and their descendants. All brothers and sisters of the deceased (whether of full or half blood) would then inherit in equal shares, with the children of any deceased sibling taking their late parent’s share by representation​. (The Ordinance has particular rules for dividing between full siblings and half-siblings on the mother’s side vs father’s side to ensure fairness​ but the main point is that siblings and their kids come into play if no parents.)
  • The law continues to provide for more remote relatives if none of the immediate family are alive. For instance, if there are no surviving descendants, parents, or siblings (nor children of siblings), then grandparents or even more distant kin can inherit, following the principle of proximity in blood​. In fact, heirs can be sought out to the tenth degree of kinship before the estate would be considered ownerless​.
• Escheat to the State – Only if absolutely no living relative can be found in the legally specified categories (no spouse, no children or descendants, no parents, no siblings or their issue, and no qualifying next of kin even in remote degrees) will the estate escheat (revert) to the Sri Lankan government. It is quite rare for an estate to have zero eligible heirs; the law would rather keep tracing the family tree outward (cousins, distant relatives) than have the assets go to the State.

It is important to note that these intestate succession rules under the general law do not apply to everyone uniformly. Muslims in Sri Lanka have a separate intestacy law (the Muslim Intestate Succession Ordinance) which applies Islamic Sharia principles to distribute the estate​​

Similarly, Kandyan Sinhalese and Jaffna Tamil communities have customary laws (Kandyan law and Tesawalamai respectively) that can alter inheritance rights for those who fall under those regimes​.

For the majority of people, however, especially those married under the general law and not belonging to those special groups, the Matrimonial Rights and Inheritance Ordinance’s scheme will determine inheritance when there is no will.

Married Individuals – Intestacy Rules for Spouses, Children, and Parents

The situation many people are concerned about is what happens if a married person dies without a will. In Sri Lanka, marriage does not automatically mean the surviving spouse gets everything. The intestate succession law tries to balance the interests of the surviving spouse and the blood relatives (like children or parents of the deceased).

Married with Children (Legitimate Descendants)

If a married individual dies intestate leaving a surviving spouse and one or more children, the law splits the estate between the spouse and the children. The surviving husband or wife will receive one-half of the estate, outright​. The remaining half of the estate is then divided equally among the children of the deceased​

All children, whether sons or daughters, inherit equal shares under Sri Lankan law (there is no distinction between male or female children in the general law of intestacy)​.

For example, if a man dies without a will, leaving his wife and two children, his widow will inherit 50% of his property, and each of the two children will inherit 25%. If he had four children, the wife gets 50%, and each child gets 12.5%, and so on. This rule ensures that both the surviving spouse and the children receive a portion of the estate.

It’s also important to understand the concept of representation: if any child of the deceased had died before the parent (leaving behind grandchildren of the deceased), those grandchildren will collectively take the share their parent would have received​. This is called taking per stirpes.

For instance, suppose a woman dies intestate, was predeceased by one of her three children, and that deceased child left two children of their own. In this case, the surviving spouse (husband) still gets half the estate, and the remaining half is divided into three parts (since the deceased had three children). Each surviving child gets one part (1/3 of that remaining half), and the two grandchildren (children of the predeceased child) together share their parent’s 1/3 portion – effectively each grandchild would get 1/6 of the remaining half (i.e. 1/12 of the total estate). This way, the branch of the family of a deceased child is not left out, but they don’t get more than their parent would have.

Illegitimate children (born out of wedlock) generally do not inherit from their father under the general law intestacy, unless paternity was acknowledged or proven, but they can inherit from their mother’s estate​. ​

(This is a complex area and can depend on specific legal actions taken; by default, the Ordinance in Section 33 restricts inheritance by illegitimate kin on the father’s side.) Adopted children, once legally adopted, are treated as equal to biological children for inheritance purposes under Sri Lankan law.

In summary, for a married person with children, intestate succession in Sri Lanka ensures the spouse gets half and the children collectively get the other half.​

This is often a surprise to those who assumed the spouse would inherit everything. If you wish a different distribution (for example, to leave the entire estate to your spouse, or to provide certain children more than others, or to include an illegitimate child), you would need to make a valid will to override the default law​. Otherwise, the estate will be divided strictly as the statute prescribes.

Married with No Children (No Descendants)

If a married individual dies without any surviving children or descendants, the dynamics of intestate succession change. In this scenario, the surviving spouse still takes the guaranteed half of the estate (50%)​, but since there are no children to claim the other half, that portion will go to the next category of relatives – typically the deceased’s parents or siblings.

Under the Matrimonial Rights and Inheritance Ordinance, parents of the deceased come next in line if there are no descendants. ​

The law provides that if both the mother and father of the deceased are alive, they will inherit the remaining half of the estate (the half not taken by the spouse) in equal shares​

So each parent would get one-quarter of the total estate in that case (since the spouse took half). For example, if a woman dies intestate leaving her husband and also her mother and father, the husband gets 1/2, the mother gets 1/4, and the father gets 1/4 of the estate.

If only one parent is alive (the other parent predeceased), the scheme is a bit more complex. The surviving parent does not automatically take the entire remaining half, because the law recognizes the claims of the deceased’s siblings in this situation. According to Section 25 of the Ordinance, if one parent survives, that parent is entitled to half of the estate (or half of the remaining portion after the spouse’s share) and the deceased’s brothers and sisters (and the children of any deceased siblings) are entitled to the other half​

In effect, the surviving parent gets one-quarter of the total estate and the siblings share one-quarter, if a spouse is present – or if no spouse, the surviving parent gets half and siblings get half of the whole estate​.

For example, suppose a man dies intestate, was married with no children, his father is deceased but his mother is alive, and he has two brothers. His widow will get 1/2 the estate. His mother, as the only surviving parent, is entitled to 1/4 of the estate. His two brothers will share the remaining 1/4 (so each brother gets 1/8 of the estate). If one of those brothers had died earlier leaving children, those nephews/nieces would collectively take their father’s share of that 1/4 by representation.

What if the deceased had no surviving parent at all, but was married and childless? In that case, after the spouse takes their half, the other half would pass entirely to the deceased’s siblings and/or their descendants.​

All brothers and sisters of the deceased (whether full siblings or half-siblings) would share that portion equally, with children of a deceased sibling stepping in per stirpes. If the siblings are of half-blood (sharing one parent with the deceased), the law has provisions to ensure both the paternal side and maternal side half-siblings are considered fairly​

But without diving into those technicalities, the essence is: if you’re married with no children and your parents have also passed, your brothers and sisters (and their kids) will inherit everything that your spouse does not inherit.

One special rule to note: if a surviving spouse ends up being the only close relative (for instance, no children, no parents, no siblings or nieces/nephews, etc.), then that spouse will inherit the entire estate. The Ordinance explicitly says that if all other specified heirs are absent, the surviving spouse takes the whole estate​. So a husband or wife could end up with 100%, but only in the absence of any other family members in the defined categories.

In summary, for a married person with no children, intestate succession in Sri Lanka typically gives half the estate to the spouse, and the other half to the deceased’s parents or siblings (whoever is closest in the order of succession)​.

The surviving spouse would only get the entirety if none of those relatives exist. This underscores why having a will is important if you want your spouse to inherit everything – without a will, the law will require sharing with your extended family in these circumstances.

Single Individuals – Intestacy Rules for Unmarried (or Widowed) Persons

For an individual who is single at the time of death (unmarried, divorced, or widowed with no surviving spouse), the intestate succession rules allocate the estate entirely among the blood relatives of the deceased. Essentially, the share that would have gone to a surviving spouse is not applicable, so the distribution starts with children or goes to parents/siblings if there are no children.

• Unmarried with Children
  • If the deceased person was not married (or their spouse has already died before them) but had children, then the children inherit the entire estate in equal shares​. Each child will take an equal portion of the estate, and if any child predeceased leaving descendants, those descendants will represent that child’s line.
  • For example, a divorced father of two who dies intestate will have his estate split equally between his two children. If one of those children had died leaving a child, then the surviving child and the grandchild would each take half of the estate (the grandchild taking their parent’s share).
  • The key point is that without a spouse, the children are first in priority and effectively get everything among themselves. This reflects the legal principle that children are preferent heirs in the estate of their parents​.
  • Even an illegitimate child can inherit from their intestate mother under general law, and now under the Children (Inheritance) Ordinance as amended, illegitimate children may have some rights to inherit from the father if paternity was acknowledged, though generally legitimacy matters for paternal inheritance​.
  • Adopted children are treated as natural children of the adopter for inheritance.
• Unmarried with No Children:
  • If an individual dies intestate with no spouse and no children, the estate goes to the next classes of relatives in the order set by law:
    • First, to the parents of the deceased. If both parents are alive, they will divide the estate equally between them​. If only one parent survives, then (as discussed earlier) that parent takes a half share, and the other half goes to the deceased’s siblings (and/or their descendants)​.
    • If no parent is alive, then the estate passes entirely to the siblings of the deceased and their descendants​. All brothers and sisters share equally, with representation for any deceased sibling’s children. The law’s nuanced rules on half-siblings basically ensure that siblings related through either parent are included appropriately​.
    • If there are no siblings or nieces/nephews, then the inheritance may go to more remote kin – e.g., grandparents if alive, or failing them, to aunts, uncles, cousins, etc., following the general principle of proximity of blood. The Ordinance doesn’t explicitly list every possible relative beyond siblings, but by Section 23 and 30 it implies that the inheritance goes to the next nearest relatives in the absence of closer ones, and Roman-Dutch common law principles fill in gaps​.
    • This means the court will look for any surviving blood relative, no matter how distant (sometimes this can be a lengthy process of genealogy), because the policy is to avoid escheat. Only if none can be found even up to remote degrees would the estate escheat to the State​.

In practical terms, if you are single (never married or widowed) and you die without a will, your parents, if living, will inherit your estate in the first instance. If only one parent survives you, that parent and your siblings will share your estate. If your parents have predeceased you, then your brothers and sisters (and possibly even more distant relatives) will inherit everything. This might result in outcomes you never intended – for example, an estranged sibling or a distant cousin you hardly know could wind up inheriting your assets simply because the law requires going down the family tree. Again, making a will allows a person to change this outcome by naming who should get what, but without a will, the above intestacy scheme is mandatory.

The Legal Process When Someone Dies Intestate (No Will)

When a family member dies without leaving a will, not only does the law dictate who inherits, but there is also a legal procedure to administer the estate. In Sri Lanka, the estate of a deceased person (whether testate or intestate) is usually administered through a Testamentary case filed in the District Court. The purpose of this process is to officially recognize the heirs and appoint an administrator to manage and distribute the estate according to law.

Here is a step-by-step overview of what typically occurs when a person dies intestate:

1. Determining Intestacy: First, the family should ensure that there truly is no valid will. Sometimes a will might be stored with a lawyer, in a bank safe, or with a trusted person. If no will is found, or if what is found is invalid (e.g., not properly executed), the estate is treated as intestate.
2. Identifying the Heirs: The next step is to identify all the lawful heirs of the deceased according to the intestate succession rules described above. This means listing the surviving spouse (if any), children or descendants, parents, siblings, etc., in their order of priority. This family tree information will be needed for the court.
3. Filing a Testamentary Action: A testamentary case must be filed in the District Court that has jurisdiction over the area where the deceased last resided or where the property is located. One of the interested parties – usually an heir such as the surviving spouse or an adult child – will petition the court for authority to administer the estate. This petition (sometimes called a petition for Letters of Administration) will state that the person died without a will, provide details of death, list the heirs, and provide an inventory of the deceased’s assets (property, money, etc.).
4. Appointment of an Administrator: Since there is no executor named by a will, the court will appoint an Administrator (or Administratrix) for the intestate estate. Typically, the court prefers to appoint a close relative who has the consent of the majority of heirs. The surviving spouse often has the first right to apply, or a child of the deceased, but any suitable person (even a creditor in some cases) can apply if closer family do not. If multiple people petition or if there is a dispute, the court will decide who is best suited or may appoint co-administrators. The Administrator acts similarly to an executor – they gather and manage the estate – but their authority comes from the court appointment.
5. Court Formalities: Before issuing Letters of Administration, the court usually requires certain formalities. This can include publishing a notice of the application in newspapers or the Government Gazette to alert any creditors or other interested parties. If any interested party believes there is a will or objects to the applicant being administrator, they have an opportunity to come forward. If the estate is sizeable, the prospective administrator may have to furnish an administration bond with sureties, as security to ensure they will faithfully account for the estate (this is often required when the administrator is not the sole beneficiary). Notably, if the estate’s value is above a certain threshold (LKR 500,000 as of current law) or if there was a will, a court administration is compulsory​– meaning one cannot simply distribute assets informally without a court grant.
6. Issuance of Letters of Administration: Once the court is satisfied that the application is in order – there’s no will, the right heirs are before the court, and the proposed administrator is suitable and has completed any requirements – the court will issue Letters of Administration to that person. Letters of Administration is an official document (basically a court order) that authorizes the administrator to act on behalf of the estate. It serves a similar function as a grant of probate (which is given when there is a will). With this document, the administrator can prove their authority to third parties (like banks, land registries, etc.) in order to collect assets and manage the estate.
7. Managing and Distributing the Estate: The Administrator’s job is to then marshal (collect) all the assets of the deceased, pay any debts or taxes owed by the estate, and then distribute the remaining assets to the rightful heirs under intestacy. For example, the administrator may have to transfer the house into the names of the spouse and children according to their shares, release funds from bank accounts to the heirs in the correct proportions, etc. They often need to file an Inventory and Final Account in court showing all assets and how they were distributed, to be discharged from their duties. If the heirs are in agreement, they might even amicably partition real property in the proportions or sell assets and split proceeds accordingly.
8. Dealing with Special Situations: If the deceased had minor children, the court may require that a guardian ad litem or testamentary guardian be appointed to represent the minors’ interests, especially if funds are due to them. The administrator might have to hold a minor’s share or deposit it in court until the child reaches majority. If any heir wants to renounce their share or there are complexities (like determining paternity of a child), those issues would be handled during the court proceedings.

This court process for intestate estates can take several months or more, depending on complexity and whether there are any disputes. It’s worth noting that if the estate is very small and comprised only of certain movable property, families sometimes avoid a formal administration (especially if under the monetary threshold). However, for any real estate (land) to be transferred, or if banks insist on legal proof to release sizable funds, obtaining Letters of Administration is necessary. In Sri Lanka, no estate above Rs. 500,000 can be lawfully distributed without initiating testamentary proceedings​ and institutions will not simply hand over assets without the proper court authority.

Real-World Example: Imagine a scenario where an individual dies intestate owning a house, a car, and some bank deposits. If the heirs (say a spouse and children) simply agree among themselves to divide things, they may run into legal obstacles – the Land Registry will not change the title of the house to the heirs’ names without seeing a grant of probate or letters of administration. Likewise, a bank will freeze the deceased’s account until an administrator is appointed. Thus, even if the family is harmonious, they must go through the legal steps to get an administrator appointed and the estate legally settled. This protects everyone – it ensures debts are paid and the correct people receive what the law entitles them to.

Legal Requirements for a Valid Will in Sri Lanka (Avoiding Intestacy)

Many of the complexities and rigid rules of intestate succession can be avoided if a person leaves behind a valid will specifying how they want their estate distributed. Sri Lankan law highly respects the freedom of a person (testator) to dispose of their property by will – one can even completely disinherit the intestate heirs if one so chooses​

However, for a will to override the intestate scheme, it must be executed in compliance with Sri Lankan law. Understanding the requirements for a valid will is crucial, especially since the law was recently updated. In fact, an old practice of signing a will before five witnesses (without a notary) is no longer valid due to a change in the law, which is an important point to clarify.

Under Sri Lankan law, the formalities for making a will were historically governed by the Prevention of Frauds Ordinance (an old statute from 1840)​

Until 2022, that law provided two methods to execute a valid will:

1. Notary + Two Witnesses – The will could be signed by the testator at the end, in the presence of a licensed notary public and at least two witnesses, all being present at the same time, and then attested by them​. This is analogous to the common practice of notarial execution used for deeds in Sri Lanka; the notary and witnesses would sign an attestation clause.
2. Five Witnesses (No Notary) – Alternatively, the Ordinance allowed that if no notary is present, the testator’s signature could be made or acknowledged in the presence of five or more competent witnesses, all present at the same time, and those witnesses would sign the will in the presence of the testator​. No formal notarial attestation was required in this method, but it demanded a higher number of witnesses (five) to ensure authenticity.

These requirements were quite strict and meant that informal documents (like unwitnessed notes or oral declarations) would not count as a valid will. It also meant that a will in Sri Lanka generally had to be executed with legal formalities – you couldn’t just write something and sign it alone at home and have it be honored (unless you fell under a special exception for military personnel at war or mariners at sea, as the law provided a narrow exception for nuncupative wills in those cases​.

Why the Five-Witness Method is No Longer Valid: In October 2022, Sri Lanka amended the law to modernize and tighten the will-making process. The Prevention of Frauds (Amendment) Act, No. 30 of 2022 and corresponding Wills (Amendment) Act, No. 29 of 2022 changed the execution requirements. The law now mandates that every will must be executed before a notary and two witnesses, with the testator also placing a thumbprint, effectively eliminating the old five-witness alternative. The updated Section 4 of the Prevention of Frauds Ordinance says the testator “shall sign and affix his left or right thumb impression at the foot of the will… before a notary public and two witnesses who shall be present at the same time.​

This amendment was introduced because the five-witness system (without a notary) was seen as prone to disputes and fraud. Without a notary’s involvement, it could be harder to verify the circumstances of signing. By requiring a notary’s presence (who keeps a protocol copy of deeds, though notably wills are exempt from having to be registered with the land registry) and adding a thumbprint of the testator, the law aims to prevent forgeries or questions about the identity of the signer. Therefore, a will signed in front of five witnesses after the new law took effect (28th October 2022) would not be valid, because the option to dispense with the notary has been removed. Any will now should be signed in the presence of a notary + 2 witnesses (or else it risks being invalid, leading to intestacy).

It’s worth noting that prior wills executed validly under the old law remain valid. But moving forward, anyone writing a will in Sri Lanka must follow the new requirements. The common practice today is to go to a lawyer or licensed notary, have them draft the will, and execute it with the notary and two witnesses present, with all parties signing and the testator adding their fingerprint. This ensures the will stands up in court. If these formalities are not met, the will can be rejected as invalid, in which case the estate would be distributed as if the person died intestate.

Other legal requirements for a valid will in Sri Lanka include:

• The testator must have testamentary capacity – meaning they are of sound mind and not a minor (generally, one must be over 18 and mentally capable of understanding the act of making a will).
• The will must be in writing (oral wills are not recognized except the mentioned military exception)​.
• The will should be signed at the end/foot by the testator (or by someone at the testator’s direction, in the testator’s presence, if the testator is unable to sign)​. If any text is written after the signature, it could invalidate the will, so the signature should truly be at the end of the document.
• Each witness must also sign the will in the presence of the testator (and each other, in the typical execution ceremony). Under the notary system, the notary and two witnesses all attest together; under the old five-witness system (now repealed) all five had to sign together​.
• A witness to a will generally should be a disinterested party. While the law in Sri Lanka (following English law principles) does not invalidate the will if a beneficiary is a witness, it voids any gift to an attesting witness (or the witness’s spouse)​. In practice, one should use witnesses who are not beneficiaries under the will to avoid this complication.
• No notarization by a Commissioner of Oaths or Justice of Peace is required – only the notary public’s attestation as per the Ordinance (or five witnesses in the old days) was needed. Also, Sri Lanka does not require wills to be registered; in fact, it’s specifically stated that unlike deeds, wills are not required to be registered or deposited, except when probate is sought, the original is filed in court.

Finally, it’s critical to understand that having a valid will can dramatically change “what happens” after one’s death. With a will, you can name an executor (who will be appointed by the court to carry out your wishes), you can allocate shares of your estate in any proportion you choose (ignoring the intestacy shares), and you can include people who wouldn’t inherit under intestacy (such as friends, charities, or step-children). You can also make arrangements for guardianship of minor children, set up trusts, or other wishes. Sri Lankan inheritance law gives full effect to a valid will, even if it disinherits the spouse or children​ as long as the formalities and capacity are satisfied. Thus, writing a valid will in Sri Lanka is the only way to ensure your estate does not fall under the rigid intestate succession rules we discussed.

Dealing with Complex Scenarios: Multiple Wills, Forged or Lost Wills

Not every inheritance matter is straightforward. Sometimes, after someone’s death, the family might discover more than one purported will, or there may be suspicions about the authenticity of a will, or perhaps everyone believes a will existed but it can’t be found. Here’s how such situations are handled:

• Multiple Wills:
  • It is possible for a person to make several wills over their lifetime – but only the latest will (in chronological order) is the one that takes effect at death (since a properly executed later will revokes any prior wills by law or by an express clause)​. If two or more wills are found, the general approach is to determine which one was made last.
  • The most recent will (assuming it’s valid) would supersede the older ones. The earlier wills would be considered revoked (either explicitly by the newer will stating “I revoke all my previous wills” or implicitly by being inconsistent with the new will). In a court case, one would submit the latest will for probate. However, sometimes there is ambiguity – for example, one document might be a codicil (amendment) to an earlier will rather than a full new will, or perhaps two documents appear both to be wills around the same time.
  • The court will examine the dates and the content. If the wills are true duplicates (same date, perhaps one original and one copy), only one will is essentially being dealt with. If they are different wills (different dates or provisions), the rule is that the last will prevails if it’s proven valid. Any interested party can challenge which will was last or whether the last one was truly executed. It can get complex if, say, the purported “last will” is claimed to be invalid – in that case, an older will could be revived or the estate could revert to intestacy if the latest will fails.
  • For example, imagine a man made a will in 2010, then another in 2020. After his death, the 2020 will is found but is challenged and deemed invalid (maybe it lacked proper witnesses). The question is: does the 2010 will then govern (since it was never properly revoked by a valid later will), or is it intestate? Generally, if a later will is declared null, it’s as if it had no effect, so the prior 2010 will could still be admitted to probate if it was valid and not revoked by any valid act​. The court will seek to give effect to the decedent’s last valid testamentary instrument.
• Forged or Fraudulent Wills:
  • Unfortunately, there are cases where someone presents a will that is suspected to be forged or procured by undue influence. Sri Lankan courts take forgery allegations very seriously. If a will is alleged to be forged, the burden is on the propounder of the will to prove it was duly executed by the deceased with knowledge and consent.
  • Handwriting experts might be called, witnesses may be examined to confirm their signatures and the circumstances. If the will is proven to be a forgery or if the court has any reasonable doubt about its validity, the will would be rejected (declared invalid). The result would then be that the estate is treated as if the person had died intestate (or fallback to a previous will if one exists). A forged will effectively means the deceased died without a true will.
  • There have been notable cases in Sri Lanka where courts voided wills due to forgery or fraud – in such cases the inheritance defaults to the intestate heirs. Presenting a forged will is also a criminal offense, so there are legal repercussions beyond losing the inheritance claim.
• Lost or Missing Wills:
  • Sometimes a will was made, but the original document can’t be found after death. There is a legal presumption in some jurisdictions that if a will was last known to be in the possession of the testator and it’s not found, it is presumed the testator destroyed it with intent to revoke. However, it may be possible to overcome that presumption by evidence.
  • In Sri Lanka, if a will’s original is lost or destroyed without the intention of revoking it (for instance, lost in a fire or simply cannot be located), a copy of the will or draft could potentially be admitted to probate if the court is satisfied that it was duly executed and not revoked. This requires a high standard of proof.
  • Usually, one would have to produce a reliable copy and witnesses (such as the lawyer or notary who prepared it, or the attesting witnesses) to testify that it was properly signed and what happened to it. If such secondary evidence is accepted, the court may grant probate of the lost will’s contents. If no copy exists or the evidence is not strong enough, then the estate might have to be handled as intestate.
  • Another scenario is when a person tells family about a will but never actually makes one, or the will is so poorly stored that no one ever finds it – practically, if it’s never found or proven, it cannot be given effect. Hence, from the heirs’ perspective, it’s as though there was no will.
• Revocations and Codicils:
  • A person can revoke a will by making a new will or codicil, or by a formal revocation document executed like a will, or by physically destroying the will with intent to revoke​. If there’s evidence the deceased intentionally revoked their will (tore it up, etc.) and did not make a new one, then the estate will be intestate.
  • Family might then argue about what the deceased’s intentions were, but legally the last valid unrevoked will (if any) is what counts – absent that, intestacy. A codicil (amendment) to a will must be executed with the same formalities as a will. Codicils can create some of the multiple-document scenarios above. If a codicil substantially changes a will (for example, adding a new heir or changing shares), it must be proved together with the original will.

In any contentious situation – multiple wills, suspected forgery, lost will – the District Court will conduct a probate trial (an inquiry in the testamentary action) to decide what document (if any) is the valid last will. If none is proven, then intestate succession applies by default. The court’s priority is to give effect to the true intentions of the deceased if they are reliably evidenced by a valid will; if not, the statutory intestacy rules are the fallback to ensure the estate is distributed to family.

Conclusion

Dying without a will in Sri Lanka triggers a well-defined but sometimes complicated set of inheritance rules. These rules under intestate succession in Sri Lanka determine that a surviving spouse inherits half the estate, with the rest going to children or, if none, to parents, siblings, or other relatives in descending order​.​

While this legal framework aims to be fair to family members, it may not reflect an individual’s personal wishes or modern family situations (for example, providing for a long-time partner one isn’t legally married to, or ensuring a specific child gets a particular property). The process of administering an intestate estate requires obtaining letters of administration through the courts to lawfully distribute assets, which can be time-consuming and procedural​

To avoid the rigidity of intestate succession, it is advisable to make a valid will that clearly sets out your intentions. By doing so, you can choose your beneficiaries freely (Sri Lankan law allows a will to deviate from the default shares completely​ and appoint a trusted executor to handle your estate. Just be sure to execute the will in compliance with the current legal requirements – in particular, involve a notary and two witnesses and include your signature and thumbprint to ensure the will is legally sound​

A properly executed will prevents disputes among heirs and bypasses the intestacy law, giving you control over “what happens” to your property after your death.

In summary, what happens if you die without a will in Sri Lanka is that the law will step in to write an estate plan for you, one that splits your assets among your spouse and blood relatives according to set rules. Understanding these rules can help you anticipate outcomes and highlights the importance of Sri Lankan inheritance law in estate planning. If those default outcomes are not what you intend, taking the time to draft and execute a valid will is the best course to ensure your wishes are honored and to provide clarity and peace of mind for your family.