MacQueen v Pierre & Anor (MC 6 of 2023) [2024] SCSC 215 (9 February 2024)

MacQueen v Pierre & Anor (MC 6 of 2023) [2024] SCSC 215 (9 February 2024)

The 1st Respondent should be removed as executor because his appointment was based on inaccurate information and misrepresentation regarding his status as an heir, and had the court been provided with all relevant documents, it would not have appointed him. The estate is not fully resolved, and the 1st Respondent's...

Source-derived case information.

Citation
[2024] SCSC 215
Parties
Petitioner: Nicholas Alexandre William McQueen; 1st Respondent: Paul Holden Pierre; 2nd Respondent: The Curator
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 February 2024
Case Number
MC 6 of 2023
Procedural Posture
Petition for Removal of Executor / Judgment
Outcome
Petition allowed
Legal Topics
Removal of Executor, Lawful Interest in Estate, Fiduciary Duty, Fraudulent Misrepresentation, Procedural Defects in Affidavits
Source Language
english
Succession Law Civil Procedure Removal of Executor Lawful Interest in Estate Fiduciary Duty Fraudulent Misrepresentation Procedural Defects in Affidavits

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Summary, issues, holding and outcome

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Parties

Nicholas Alexandre William McQueen

Petitioner

Paul Holden Pierre

1st Respondent

The Curator

2nd Respondent

Procedural Posture

Petition for Removal of Executor / Judgment

Legal Issues

  1. 1 Whether the 1st Respondent should be removed as executor to the estate of the late Alexandre Deltel
  2. 2 Whether the 1st Respondent had a lawful interest to be appointed as executor
  3. 3 Whether procedural defects in the affidavit or application are fatal to the petition

Ratio Decidendi

The 1st Respondent should be removed as executor because his appointment was based on inaccurate information and misrepresentation regarding his status as an heir, and had the court been provided with all relevant documents, it would not have appointed him. The estate is not fully resolved, and the 1st Respondent's lack of communication and concealment of heirs further justify removal.

Court Disposition

Petition allowed

Orders

  • Removal of the 1st Respondent as executor to the estates of the late Alexandre Deltel
  • A new executor to be appointed as a matter of urgency