Abramova & Ors v ACT Offshore Ltd (MC 91/2020) [2021] SCSC 938 (5 July 2021)

Abramova & Ors v ACT Offshore Ltd (MC 91/2020) [2021] SCSC 938 (5 July 2021)

The petition was dismissed because the petitioners failed to produce the will, proof of the deceased's domicile, and documentary evidence of ownership of the shares in the two IBCs. Without these, the court could not determine the applicable law, the validity of the will, or order the transfer of shares.

Citation
[2021] SCSC 938
Parties
1st Petitioner: Galina Abramova; 2nd Petitioner: Svetlana Abramova; 3rd Petitioner: Volkova Natalia; Respondent: ACT Offshore Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 July 2021
Case Number
MC 91/2020
Procedural Posture
Petition (ex Parte) / Judgment
Outcome
Petition dismissed
Legal Topics
Validity of Foreign Will, Applicable Law for Disposition of Shares, Transfer of Shares in IBC, Recognition of Foreign Succession Instruments
Source Language
English
Conflict of Laws Succession Law Company Law Validity of Foreign Will Applicable Law for Disposition of Shares Transfer of Shares in IBC Recognition of Foreign Succession Instruments

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Parties

Galina Abramova

1st Petitioner

Svetlana Abramova

2nd Petitioner

Volkova Natalia

3rd Petitioner

ACT Offshore Limited

Respondent

Procedural Posture

Petition (ex Parte) / Judgment

Legal Issues

  1. 1 What is the applicable law for determining the validity of a foreign will and dispositions made thereunder regarding shares in Seychelles IBCs?
  2. 2 Can a will executed in Russia be recognized and enforced in Seychelles?
  3. 3 What is the law applicable to the transfer of shares in Seychelles IBCs to heirs of a foreign deceased?

Ratio Decidendi

The petition was dismissed because the petitioners failed to produce the will, proof of the deceased's domicile, and documentary evidence of ownership of the shares in the two IBCs. Without these, the court could not determine the applicable law, the validity of the will, or order the transfer of shares.

Court Disposition

Petition dismissed

Orders

  • The petition is dismissed.