Can a Sri Lankan Citizen Living Abroad Write a last will? -

Can a Sri Lankan Citizen Living Abroad Write a Last Will and Testament?

Are you a Sri Lankan citizen living overseas? Do you own a house, land, bank deposits, or other assets in Sri Lanka? Have you decided in advance who should inherit your property if something unexpected happens to you?

Many people ask whether a Sri Lankan living abroad can make a last will under Sri Lankan law. Here is a general overview.

Yes. Under Sri Lankan law, a person living abroad may make a last will. The main legislation is the Wills Ordinance, as amended by the Wills (Amendment) Act No. 29 of 2022. Section 2 states that a person aged 18 or older may make a will concerning property that belongs to them, whether they live in Sri Lanka or abroad.

1. What property can you include in your will while living overseas?

You may state how you want your assets to be dealt with after your death. These may include:

A house or land in Sri Lanka that you own.

Bank deposits and other financial interests belonging to you.

Vehicles and other movable property.

Your lawful share or other legal interest in property.

The key point is that you may leave only property or rights that legally belong to you. You cannot leave someone else’s property or a share that you do not own.

2. How can you prepare a will while living abroad?

You may be able to prepare a will while living in another country. It is important to follow the formal requirements that apply where the will is made.

Under section 5 of Sri Lanka’s Wills Ordinance, a will made and signed abroad in accordance with the law of that country may be recognised for the purpose of disposing of immovable property situated in Sri Lanka. For movable property, relevant considerations include the law of the country where the person is domiciled and their legal capacity to make a will.

It is safer to obtain advice from a lawyer or notary familiar with the laws of the country where you live, Sri Lankan property law, and the applicable signing requirements.

3. What important details should a will include?

When preparing a will, consider the following:

Your full name, identifying details, and address.

Accurate descriptions of your property. For land or a house, identify the deed number, location, land description, and the share you own.

The names of the people who are to inherit and the share each person is to receive.

Whether to appoint an executor to carry out the instructions in your will.

Properly completing the signing, witnessing, and other formal requirements under the applicable law.

Keeping the original document safe and telling a trusted person where it can be found.

Including these details does not, by itself, guarantee that a will is legally valid. Requirements may differ depending on where it is made, the applicable law, and the signing procedure.

4. Must you leave property to your children, spouse or parents?

Under the general law of wills in Sri Lanka, section 2 of the amended Wills Ordinance gives a person broad freedom to state how their property is to be dealt with. It may also allow a person to exclude a child, parent or other relative from the will, or to leave them no property.

This does not mean that everyone’s legal circumstances are the same. Special advice may be needed where Kandyan law, Thesawalamai law, Muslim personal law, marriage agreements, joint ownership or other legal rights apply. A will cannot dispose of a share you do not own or remove another person’s lawful rights.

5. Why should someone living abroad who owns land in Sri Lanka take special care?

If you live overseas and own land in Sri Lanka, it is important to check the deeds, title records, survey plans, and the exact share that belongs to you.

If the land is jointly owned, confirm your legal share and check whether the documents contain special conditions relating to the joint ownership. You may not own the entire property, so do not assume that you can leave all of it to someone else.

6. How might a will made abroad be carried out in Sri Lanka?

If a person dies and their will is to be used to transfer property in Sri Lanka, court proceedings may be required under the applicable law.

Steps may include confirming the validity of the will, submitting it to the relevant court and, where required, obtaining probate or the appropriate authority to administer the estate. The necessary steps depend on the nature and location of the property and the applicable legal circumstances.

A document made abroad does not automatically transfer property in Sri Lanka. Any required legal steps must still be completed.

7. What happens if you do not make a will?

If you die without a will, your property may have to be distributed under the applicable inheritance laws and legal procedures. Planning may help ensure your wishes are considered and reduce uncertainty or family disputes later.

Even if you live overseas, thoughtful planning for your family and the assets you have worked hard to build may help avoid uncertainty in the future.

In summary: A Sri Lankan citizen living abroad may be able to make a last will. To ensure it is valid and can be acted upon for property in Sri Lanka, you must follow the relevant legal requirements.

Important disclaimer: I am a Community-Based REALTOR® authorized to trade in real estate in Ontario, Canada. I also assist and facilitate clients exploring property opportunities in my homeland, Sri Lanka. I am not a lawyer, notary, or legal adviser, and I do not provide legal advice. This post is shared for general educational and informational purposes only. Please consult a qualified Sri Lankan lawyer or notary about your personal circumstances before taking action.

Let’s understand the law properly. If you found this information useful, save or share it for future reference. Wishing you and your family all the best!