Mussard & Ors v Mussard (CS 60/2016) [2018] SCSC 8094 (27 February 2018)

Mussard & Ors v Mussard (CS 60/2016) [2018] SCSC 8094 (27 February 2018)

The Defendant failed to discharge her fiduciary duties by not rendering an account of her management and refusing to distribute the estate, justifying her removal as executrix. The action is not prescribed as the executor's duties are continuous until termination.

Citation
[2018] SCSC 8094
Parties
Plaintiff: Billy Mussard; Plaintiff: Marisa Berthe Mussard; Plaintiff: Brena Marie Mussard; Plaintiff: May Elie Mussard; Plaintiff: Edme Marveline Rita Mussard; Plaintiff: Judith Clivyde Paola (nee Mussard); Defendant: Edma Marvelle Rita Mussard
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 February 2018
Case Number
CS 60/2016
Procedural Posture
Civil / Judgment
Outcome
Plaintiffs partially succeed
Legal Topics
Revocation of Executor, Fiduciary Duties, Accountability of Executor, Prescription
Source Language
English
Succession Law Civil Procedure Revocation of Executor Fiduciary Duties Accountability of Executor Prescription

Case Brief

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Parties

Billy Mussard

Plaintiff

Marisa Berthe Mussard

Plaintiff

Brena Marie Mussard

Plaintiff

May Elie Mussard

Plaintiff

Edme Marveline Rita Mussard

Plaintiff

Judith Clivyde Paola (nee Mussard)

Plaintiff

Edma Marvelle Rita Mussard

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant should be removed as executrix of the estate
  2. 2 Whether the Defendant must render an account of her management of the estate
  3. 3 Whether the Plaintiffs are entitled to damages for mismanagement

Ratio Decidendi

The Defendant failed to discharge her fiduciary duties by not rendering an account of her management and refusing to distribute the estate, justifying her removal as executrix. The action is not prescribed as the executor's duties are continuous until termination.

Court Disposition

Plaintiffs partially succeed

Orders

  • The Defendant's appointment as executrix is revoked.
  • The Defendant shall render an account of her management of the estate within 3 months.