Mussard v Mussard (SCA 18 of 2018) [2020] SCCA 42 (18 December 2020)

Mussard v Mussard (SCA 18 of 2018) [2020] SCCA 42 (18 December 2020)

The appellant failed to wind up the succession for thirteen years, monopolised the estate for personal benefit, and did not render accounts as required by law, justifying revocation as executrix and the order to account.

Citation
[2020] SCCA 42
Parties
Appellant: Edma Marvelle Rite Mussard; Respondent: Billy Mussard; Respondent: Marisa Berthe Mussard; Respondent: Biena Marie Mussard; Respondent: May Eline Mussard; Respondent: Edme Marvelle Mussard; Respondent: Judith Clivy Paola nee Mussard
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
18 December 2020
Case Number
SCA 18 of 2018
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Removal of Executor, Duties of Executor, Accounting by Fiduciary, Mismanagement of Estate
Source Language
English
Succession Law Civil Procedure Removal of Executor Duties of Executor Accounting by Fiduciary Mismanagement of Estate

Case Brief

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Parties

Edma Marvelle Rite Mussard

Appellant

Billy Mussard

Respondent

Marisa Berthe Mussard

Respondent

Biena Marie Mussard

Respondent

May Eline Mussard

Respondent

Edme Marvelle Mussard

Respondent

Judith Clivy Paola nee Mussard

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant failed to perform her duties as executrix within the law
  2. 2 Whether the revocation of the appellant as executrix and order to render account was justified

Ratio Decidendi

The appellant failed to wind up the succession for thirteen years, monopolised the estate for personal benefit, and did not render accounts as required by law, justifying revocation as executrix and the order to account.

Court Disposition

appeal dismissed

Orders

  • Order dated 17 July 2003 appointing appellant as executrix of the succession of the late Winnie Mussard is revoked
  • Appellant to render an account of her management of the estate of the late Winnie Mussard within 3 months of the date of judgment