In the matter of Marguerite Bresson (MA 183 of 2022) [2022] SCSC 1034 (24 November 2022)

The petitioner, having reached advanced age and expressed unwillingness to continue, and having provided a satisfactory inventory, meets the statutory grounds for revocation of her appointment as executrix under the Curatelle Act.

Citation: [2022] SCSC 1034
Parties: Petitioner: Marguerite Bresson born Clarisse; Respondent: Curator appointed under Section 3 of the Curatelle Act, 2021
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 24 November 2022
Case Number: MA 183 of 2022
Procedural Posture: Petition / Ruling on Application for Revocation of Executrix Appointment
Outcome: petition granted
Legal Topics: Removal of Executrix, Curatelle Act, Inventory of Estate, Distribution to Heirs
Source Language: English

Succession Law Probate Removal of Executrix Curatelle Act Inventory of Estate Distribution to Heirs

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Parties

Marguerite Bresson born Clarisse

Petitioner

Curator appointed under Section 3 of the Curatelle Act, 2021

Respondent

Procedural Posture

Petition / Ruling on Application for Revocation of Executrix Appointment

Legal Issues

1 Whether the petitioner should be relieved of her duties as executrix due to age and unwillingness
2 Whether the requirements for revocation under the Curatelle Act and Civil Code are met

Ratio Decidendi

Court Disposition

petition granted

Orders

Appointment of Marguerite Bresson born Clarisse as executrix to the estate of Michel Adam is revoked
No order as to costs