Maria v Mathiot (CS29/2021) [2021] SCSC 1034 (28 October 2021)

Maria v Mathiot (CS29/2021) [2021] SCSC 1034 (28 October 2021)

The plaint discloses a valid cause of action as the plaintiff alleges existence of a valid will, judicially validated, and challenges the defendant's appointment as executrix based on alleged false pretence. The reference to declaration of intention does not invalidate the will, and the matter should proceed to trial.

Citation
[2021] SCSC 1034
Parties
Plaintiff: Judette Maria; Defendant: Patricia Sheila Mathiot
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 October 2021
Case Number
CS29/2021
Procedural Posture
Civil / Ruling on Plea in Limine Litis
Outcome
plea in limine litis set aside; matter to proceed to trial
Legal Topics
Will Validity, Appointment of Executrix, Cause of Action, Setting Aside Appointment
Source Language
English
Succession Law Will Validity Appointment of Executrix Cause of Action Setting Aside Appointment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Judette Maria

Plaintiff

Patricia Sheila Mathiot

Defendant

Procedural Posture

Civil / Ruling on Plea in Limine Litis

Legal Issues

  1. 1 Whether the plaint discloses a valid cause of action
  2. 2 Whether the laws of Seychelles recognise declarations of intention as wills
  3. 3 Whether the court has power to make the orders sought regarding executrix appointment

Ratio Decidendi

The plaint discloses a valid cause of action as the plaintiff alleges existence of a valid will, judicially validated, and challenges the defendant's appointment as executrix based on alleged false pretence. The reference to declaration of intention does not invalidate the will, and the matter should proceed to trial.

Court Disposition

plea in limine litis set aside; matter to proceed to trial

Orders

  • Points in limine set aside
  • Trial to proceed to determine merits