Ex Parte Gertrude (XP 172/2019) [2020] SCSC 461 (2 March 2020)

Ex Parte Gertrude (XP 172/2019) [2020] SCSC 461 (2 March 2020)

The court held that the consent of all heirs is not required for appointment of executor and, being satisfied with the evidence and absence of legal impediment, appointed the applicant and her brother as joint executors.

Citation
[2020] SCSC 461
Parties
Applicant: Doris Rosy Gertrude nee Henderson; Co Applicant: Kenneth John Andrew Henderson; Interested Party: Linda Doreen Henderson; Interested Party: Danny Neville Henderson; Interested Party: Judith Jessica Henderson; Interested Party: Philip Peter Henderson; Interested Party: Jimmy Edward Henderson
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 March 2020
Case Number
XP 172/2019
Procedural Posture
Ex Parte Application for Appointment of Executor / Final Order
Outcome
application granted
Legal Topics
Appointment of Executor, Intestate Succession
Source Language
English
Succession Law Appointment of Executor Intestate Succession

Case Brief

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Parties

Doris Rosy Gertrude nee Henderson

Applicant

Kenneth John Andrew Henderson

Co Applicant

Linda Doreen Henderson

Interested Party

Danny Neville Henderson

Interested Party

Judith Jessica Henderson

Interested Party

Philip Peter Henderson

Interested Party

Jimmy Edward Henderson

Interested Party

Procedural Posture

Ex Parte Application for Appointment of Executor / Final Order

Legal Issues

  1. 1 Whether the applicant and her brother should be appointed joint executors of the estate of the deceased Philis Henderson
  2. 2 Whether the consent of all heirs is required for appointment of executor

Ratio Decidendi

The court held that the consent of all heirs is not required for appointment of executor and, being satisfied with the evidence and absence of legal impediment, appointed the applicant and her brother as joint executors.

Court Disposition

application granted

Orders

  • The consent of Linda Doreen Henderson and Danny Neville Henderson is dispensed with.
  • Doris Rosy Gertrude nee Henderson and Kenneth John Andrew Henderson are appointed joint executors of the estate of the deceased Philis Henderson.