Ally vs Ally & Or (MC 38/2021) [2021] SCSC 1041 (8 November 2021)

The applicant, being a lawful heir with no legal incapacity and the estate consisting solely of immovable property, is entitled to be appointed executor despite objections from other heirs, as consent is not a statutory requirement.

Citation: [2021] SCSC 1041
Parties: Applicant: Danny Daniel Ally; 1st Respondent: Jean-Yves Giovani Nicholas Ally; 2nd Respondent: Danielle Elfrida Ally
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 8 November 2021
Case Number: MC 38/2021
Procedural Posture: Miscellaneous Cause (appointment of Executor) / Final Order
Outcome: Application granted; applicant appointed executor.
Legal Topics: Appointment of Executor, Intestacy, Immovable Property, Heirship
Source Language: English

Succession Law Appointment of Executor Intestacy Immovable Property Heirship

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Parties

Danny Daniel Ally

Applicant

Jean-Yves Giovani Nicholas Ally

1st Respondent

Danielle Elfrida Ally

2nd Respondent

Procedural Posture

Miscellaneous Cause (appointment of Executor) / Final Order

Legal Issues

1 Whether the applicant should be appointed executor of the deceased's estate despite objections from other heirs
2 Whether consent of all heirs is required for appointment of executor under Seychelles law

Ratio Decidendi

Court Disposition

Application granted; applicant appointed executor.

Orders

Danny Daniel Ally appointed executor of the estate of the deceased, Daniel Antoine Giovani Ally.