Lesperance and Others v Lesperance and Another (63 of 2000) [2005] SCSC 28 (16 February 2005)

Lesperance and Others v Lesperance and Another (63 of 2000) [2005] SCSC 28 (16 February 2005)

The 1st defendant fraudulently sold a portion of succession property without the consent and approval of the heirs, breaching her duties as executrix; thus, the transfer deed is revoked.

Citation
[2005] SCSC 28
Parties
Plaintiff: Arthon Lesperance; Plaintiff: Heribert Lesperance; Plaintiff: Josianne Dubignon; Defendant: Mariona Lesperance; Defendant: Ombre Vert (Pty) Ltd (Represented by Elisie Simeon)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 February 2005
Case Number
63 of 2000
Procedural Posture
Civil / Judgment
Outcome
transfer deed revoked; consideration to be refunded; parties to bear own costs
Legal Topics
Revocation of Deed, Executor's Authority, Fraudulent Transfer
Source Language
English
Succession Property Law Revocation of Deed Executor's Authority Fraudulent Transfer

Case Brief

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Parties

Arthon Lesperance

Plaintiff

Heribert Lesperance

Plaintiff

Josianne Dubignon

Plaintiff

Mariona Lesperance

Defendant

Ombre Vert (Pty) Ltd (Represented by Elisie Simeon)

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 1st defendant, as executrix, had authority to transfer succession property without heirs' consent
  2. 2 Whether the transfer to the 2nd defendant was fraudulent and in breach of executrix duties

Ratio Decidendi

The 1st defendant fraudulently sold a portion of succession property without the consent and approval of the heirs, breaching her duties as executrix; thus, the transfer deed is revoked.

Court Disposition

transfer deed revoked; consideration to be refunded; parties to bear own costs

Orders

  • The transfer of land by the 1st defendant to the 2nd defendant by deed dated 16th March 1994 is rescinded.
  • The Registrar General is directed to record the revocation in the Register of deeds.