Renaud v Renaud (XP 03/2020) [2021] SCSC 1005 (6 October 2021)

Renaud v Renaud (XP 03/2020) [2021] SCSC 1005 (6 October 2021)

The applicant is not subject to any legal incapacity, is ready and willing to act, and the estate requires an executor to settle the deceased's interest in matrimonial property; thus, appointment is necessary and justified under the Civil Code.

Citation
[2021] SCSC 1005
Parties
Applicant: Hazel Renaud; 1st Respondent: Kimberley Renaud; 2nd Respondent: Valerie Renaud
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 October 2021
Case Number
XP 03/2020
Procedural Posture
Probate/administration of Estate / Appointment of Executor
Outcome
Application granted
Legal Topics
Appointment of Executor, Intestate Succession, Matrimonial Property
Source Language
English
Succession Law Appointment of Executor Intestate Succession Matrimonial Property

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Parties

Hazel Renaud

Applicant

Kimberley Renaud

1st Respondent

Valerie Renaud

2nd Respondent

Procedural Posture

Probate/administration of Estate / Appointment of Executor

Legal Issues

  1. 1 Whether the applicant should be appointed executrix to the estate of the deceased
  2. 2 Whether the estate consists of immovable property justifying appointment of an executor

Ratio Decidendi

The applicant is not subject to any legal incapacity, is ready and willing to act, and the estate requires an executor to settle the deceased's interest in matrimonial property; thus, appointment is necessary and justified under the Civil Code.

Court Disposition

Application granted

Orders

  • Applicant appointed executrix to the estate of the late Gaetan Antoine Renaud