Kidney helpline

By Laila Nasry

Unlike most of us she sought solace by turning her sorrow to strength - strength for others who have to batte with the illness and also their families struggling to cope with the altered circumstances. Strength, in the form of a Kidney Welfare Society. "I had no idea how to get about it at first, but with a bit of help I managed to set up the society." Along with other philanthropists like herself, the society also has a board of consultative doctors.

Today there are around 1300 patients in Sri Lanka with Chronic Renal Failure (CRF) who need treatment monthly. This number is on the increase with around 800-1000 additional cases developing annually. Chronic Renal Failure is a terminal illness, but one which could be treated with a transplant or by haemodialysis (blood purification) sessions carried out twice a week - both treatments involving large sums of money. 

However, there are only around 40 dialysis machines in Sri Lanka to cope with this alarming increase in numbers. The pitiful fact is that a single machine, which costs a hefty Rs. 1.2 million can only serve nine to 12 patients if kept in operation continuously even without the necessary maintenance. "People just go home and die because they simply can't afford it," says Mrs. Gunesekera who was fortunate that her husband was donated a dialysis machine. Nevertheless even their medical expenditure was high, the haemodialysis treatment costing Rs. 28,000 a month with an added Rs. 2,000 being spent for other tests and medicines.

The main aim of the Kidney Patients Welfare Society, among its many objectives, is to mobilise much needed funds to make available better facilities to all those afflicted with this illness and their families. Mrs. Gunesekera hopes to donate her husband's dialysis machine to the Kalubowila Hospital for the benefit of many who are ailing, and the society's initial project is to set up a dialysis unit at the hospital.

Treatment facilities outside the city are inadequate with most patients having to travel all the way to Colombo. "Distance matters," stresses Mrs. Gunesekera recalling how a patient having travelled a long distance, passed away just after reaching the hospital. The treatment at the National Hospital though given free of charge, is neither regular nor continuous. Mostly it is for patients in the acute stages of the illness. At private hospitals, treatment is available at a cost. "People want to do the best for their loved ones but with an illness like this families are physically, mentally, emotionally and financially drained." 

As a secondary project, plans are under way to establish a treatment centre with temporary accommodation for both the patient and accompanying caregiver. "We are appealing to the Minister of Health for state land and hopefully we will receive enough donations from individuals and organisations, to fund the cost of the essential drugs and other medicines which are expensive and beyond the limited resources of the poor patients," Mrs. Gunasekera says. The society also hopes to raise public awareness on high risk factors, early symptoms and promote prevention whilst also providing the services of trained counsellors .
 

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Law and Citizen 

Your last will

Dr. C. Ananda Grero

It also states the competent age of males and females to make a will. Section 3 of the said Ordinance states, that no male under the age of twenty-one years and any female under the age of eighteen years should make a will. Even if such a person makes a will it is not valid. However if such a person is lawfully married, then the above age limits do not apply. Section 4 of the Prevention of Frauds Ordinance makes it imperative that a will containing any device of land or other immovable property or any other movable property shall be in writing. The will which is in writing shall be signed by the testator or testatrix and such signature should be made in the presence of a Notary Public and two or more witnesses. They should duly attest such execution of the will. If there is no Notary Public present, then the signature of the maker of the will shall be placed in the presence of five or more witnesses. The witnesses should sign the will in the presence of the testator.

When two persons like the husband and wife make a combined will, it is known as the "joint or mutual will". Although such a will is regarded as a "joint will" it should be considered as separate wills and each will has to be proved separately. Also each maker (i.e. husband or wife) of such will is at liberty to revoke or alter his or her part of the will with or without the knowledge of the other, and even after the other's death. 

Section 2 of the Wills Ordinance grants a testator full power to make a will and to exclude any child, parent, relative or descendant or to disinherit or omit to mention in the will any such person without giving any reason for such exclusion. However, the testator is not empowered or authorized to dispose by will, of any property or estate of his wife or to exclude or deprive her of any life or other interest in any property (Proviso to Section 2 of the Wills Ordinance).

Just as much the law provides ways and means of making a valid will, it has also made provision to revoke a last will. Section 6 of the Prevention of Frauds Ordinance shows the grounds of revoking a will. They are: (i) By the marriage of the testator or testatrix; (ii) By another will or a codicil. A codicil is an annexure or supplement to a will previously made for the purpose of adding or varying the provisions of the will; (iii) By some writing declaring an intention to revoke the will, and executed in the manner as a will or codicil. iv) By burning, tearing, or otherwise destroying the will by the testator or by some person in his or her presence and by his or her (i.e. testator or testatrix) presence and by his or her direction with the intention of revoking the will. No will or codicil once revoked, can be revived except by the re-execution (i.e. re-making) of the will or codicil and the intention to revive such should appear clearly.

Now if a witness to a will gets any beneficial device, legacy, estate interest or gift under the will, such device, legacy etc. will be null and void (i.e. no force or not valid) insofar as such witness is concerned. This means if a witness is a beneficiary, he or she should not sign as a witness. Even If the wife or a husband of a witness is not getting any benefit under a will, he or she should not sign as a witness to the will.

Once a will is made and the person who made it dies, then the will should be proved in a competent court (i.e. the District Court situated in the area where the maker of the will died) and admitted to "Probate". In a will, the testator names a person as an executor and it is his or her duty to bring the will before court after the testator's death. Once the will is brought before the relevant District Court, any interested party could oppose the grant of probate on one of the grounds:

(1) Want of due execution i.e. the will has not been made in accordance with the law;

(2) Want of competent understanding, i.e. the testator was not in a state of mind to understand the nature of the will at the time of execution of the will;

(3) Want of knowledge or approval. That is to show that the testator did not have the knowledge and approval of the contents of the will at the time it was made;

(4) Undue influence, that is to show that undue influence has been exerted on the testator at the time of making the will. What is necessary is the free will of the testator without it being influenced by others; 

(5) Circumstances of suspicion. If fraud is alleged then it must be duly proved. If the will is not opposed when it is brought before court, then after complying with the other procedural steps, the court grants the probate and the will is thus admitted to probate. This shows that the will in question is proved before court. 

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