Key Takeaways
- Section 22 of the Matrimonial Rights and Inheritance Ordinance in Sri Lanka dictates that if you die without a will (intestate), only 50% of your property automatically goes to your spouse, with the remaining portion potentially going to your parents or extended family.
- Without a will, the surviving spouse may face long, emotional, and expensive legal battles with family members, including parents, siblings, and even distant relatives, just to secure what they’ve built together.
- A will protects your spouse from unwanted claims by clearly outlining your wishes for the distribution of your assets, ensuring that they inherit 100% of your estate if that’s your desire.
- Writing a last will is an act of love and responsibility, providing peace of mind and preventing future conflicts at a time of grief.
- Contact your family lawyer to prepare your last will today. Protect your loved ones and ensure they are fully provided for after your passing. Don’t leave your spouse’s future to chance.
1. Background
Imagine you marry the love of your life in Sri Lanka, perhaps against your parents’ wishes. You and your spouse work hard, build a beautiful home, and accumulate savings together. Then, tragedy strikes – your beloved partner unexpectedly passes away. In the midst of your grief, you assume that as the surviving husband or wife, you’ll inherit everything you built together.
But the reality under Sri Lanka’s inheritance laws is very different. Without a last will, you could suddenly find yourself forced to give up half of your hard-earned property to family members who never supported your marriage. This heart-wrenching scenario illustrates the importance of writing a will in Sri Lanka for married couples, even if you have no children.
2. Intestate Inheritance Laws in Sri Lanka: Only 50% Goes to Your Spouse
Under Sri Lankan law – specifically the Matrimonial Rights and Inheritance Ordinance – if you die intestate (without a valid will), your surviving spouse is entitled to only 50% of your immovable property. The intestate inheritance laws in Sri Lanka dictate that the remaining half of your estate goes to your other relatives as defined by law. If you have children, they would split that other half.
But if you die without children, the law directs that your parents (if they are alive) or your extended family will inherit the rest. That could include your siblings, nieces and nephews, grandparents, uncles, aunts, and even more distant kin. In fact, Sri Lankan law will seek out any blood relative – even a distant cousin or relative “beyond the tenth degree” – to claim that portion rather than allowing your spouse to have it all.
What does this mean in practice? It means that even if your spouse was your sole partner in building your wealth, they cannot automatically receive 100% of it when you’re gone, unless you’ve made a will. By default, they might have to share your house, your bank savings, and other assets with the very family members who may have shunned you for marrying for love. This isn’t just a legal technicality – it’s a recipe for emotional and financial turmoil for the survivor at the worst possible moment.
3. Heartache and Legal Headaches Without a Will
Losing your husband or wife is devastating on its own. Now imagine, on top of that grief, having to fight over the home and assets you built together. If your marriage was against your parents’ wishes or you had a strained relationship with your siblings, those relationships will only grow more bitter when inheritance is on the line.
Without a will, the surviving spouse faces an awful dilemma: accept that your in-laws or distant relatives are entitled to a huge chunk of your life’s earnings, or battle to claim what you feel is already yours. This often leads to emotional heartbreak on both sides. The surviving spouse can feel betrayed and abandoned all over again – first by fate, and then by a legal system that invites estranged family into a very private circle.
Meanwhile, relatives who never approved of the marriage might see the law’s division as validation of their rights, even if morally the couple’s joint assets should belong to the surviving partner. It’s a conflict no one wants, and it can tear apart whatever fragile threads of family connection remain.
The legal process itself adds another layer of pain. To secure full ownership of assets, the surviving spouse will likely have to enter a complicated legal process to administer the estate. This means going to the District Court to apply for what’s called letters of administration since there was no will. The court will identify and notify all the legal heirs who have a right to a share.
Picture this: at the very time you’re mourning your spouse, you must list out your deceased partner’s family members – including those who cut ties with you – because legally they are now co-heirs to your property. Transferring a house or land solely into the surviving spouse’s name can turn into a bureaucratic nightmare.
You may need to obtain signed consent or waivers from each and every one of those relatives to release their claim on the property. If even one person refuses to sign or cannot be located, you could be stuck in limbo.
These legal headaches can drag on for months or even years. You might have to hire lawyers, attend multiple court hearings, and possibly even pay off disagreeable relatives just to keep your own home. In some cases, families end up in ugly court battles over what the deceased “would have wanted,” which is not only expensive but also emotionally draining.
All of this chaos is the last thing your spouse needs when they should be focusing on healing and remembrance. It’s a situation that no loving couple would ever wish upon each other – and thankfully, it’s entirely avoidable by making a proper will.
4. Protecting Your Spouse After Death: Write Your Last Will as an Act of Love
The good news is that you have the power to protect your spouse after death and prevent this turmoil. By writing a clear last will and testament, you take control out of the default intestate laws and put it back in your hands. You can explicitly state that your husband or wife should inherit 100% of your estate, ensuring they are fully provided for. Sri Lankan law fully upholds such wishes – the Wills Ordinance gives you “full power to exclude… any child, parent, relative or descendant” from inheriting if you so choose.
In other words, a valid will lets you override the 50% rule and any claims from estranged family. It is your legal right to decide exactly how your property is divided, and the courts will honor that.
Think of a last will as your final gift of love to your spouse. It’s a document that speaks on your behalf, loud and clear, when you are no longer there. It spares your surviving partner from needless legal battles and suffering. Instead of your spouse having to negotiate with your parents or relatives during a time of mourning, everything can be straightforward: your will would be presented to court, and your wishes would be carried out.
The process of transferring property and assets becomes much smoother – typically, the executor you name in your will (often the spouse or a trusted person) will handle the estate distribution with far less court intervention.
No outside family member can override a lawful will, so there’s no need for consents or awkward conversations asking anyone to relinquish their share. Your spouse can grieve in peace, live in the home you shared without fear of losing it, and continue the life you planned together, secure in the knowledge that you truly protected them.
Making a will in Sri Lanka is neither difficult nor only for the elderly or wealthy. It’s something every married couple should do as soon as possible, especially if you don’t have children and want each other to be sole heirs. It’s a simple step with enormous benefits. After all, you buy insurance to protect against the unexpected – think of a will as insurance for your loved one’s future. It’s about love, responsibility, and peace of mind.
Don’t leave your spouse’s future to chance or to outdated laws. You worked hard to build a life together – now take the important step to legally protect that life. Writing your will is one of the most loving things you can do for your partner.
