Brassel and Anor v The Estate of the late Philip Brassel (678) [2023] SCSC 678 (10 August 2023)

Brassel and Anor v The Estate of the late Philip Brassel (678) [2023] SCSC 678 (10 August 2023)

The law governing the succession of immovable property situated in Seychelles is Seychelles law, regardless of the deceased's domicile or the law governing the will. The Seychelles Supreme Court has jurisdiction to adjudicate disputes concerning such property, and the rule of forced heirship under Article 913 of the Civil Code applies. The plea in limine challenging jurisdiction is dismissed.

Citation
[2023] SCSC 678
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 August 2023
Case Number
678
Procedural Posture
Succession/probate / Ruling on Plea in Limine (jurisdictional Objection)
Outcome
Plea in limine dismissed; Seychelles Supreme Court retains jurisdiction.
Legal Topics
Jurisdiction, Lex Situs, Forced Heirship, Validity of Foreign Wills
Source Language
English
Private International Law Succession Law Jurisdiction Lex Situs Forced Heirship Validity of Foreign Wills

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Succession/probate / Ruling on Plea in Limine (jurisdictional Objection)

Legal Issues

  1. 1 Which law governs the succession of immovable property situated in Seychelles when the deceased was domiciled abroad?
  2. 2 Does the Seychelles Supreme Court have jurisdiction to adjudicate succession disputes involving immovable property located in Seychelles under a foreign will?

Ratio Decidendi

The law governing the succession of immovable property situated in Seychelles is Seychelles law, regardless of the deceased's domicile or the law governing the will. The Seychelles Supreme Court has jurisdiction to adjudicate disputes concerning such property, and the rule of forced heirship under Article 913 of the Civil Code applies. The plea in limine challenging jurisdiction is dismissed.

Court Disposition

Plea in limine dismissed; Seychelles Supreme Court retains jurisdiction.

Orders

  • The plea in limine is dismissed.
  • The matter shall proceed before the Supreme Court of Seychelles.