Ex parte FJ (XP 2 of 2024) [2024] SCSC 39 (15 March 2024)

The court found that the petitioner was in a qualifying relationship with the deceased based on evidence of long-term cohabitation, joint property ownership, and children, satisfying the requirements of Article 761 of the Civil Code of Seychelles.

Citation: [2024] SCSC 39
Parties: Petitioner: F J; Deceased: A (deceased)
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 15 March 2024
Case Number: XP 2 of 2024
Procedural Posture: Ex Parte Application / Order
Outcome: petition granted
Legal Topics: Qualifying Relationship, Declaration of Relationship, Appointment of Executor
Source Language: English

Family Law Succession Law Qualifying Relationship Declaration of Relationship Appointment of Executor

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 2 Authorities cited 4 Party arguments 1

Parties

F J

Petitioner

A (deceased)

Deceased

Procedural Posture

Ex Parte Application / Order

Legal Issues

1 Whether the petitioner was in a qualifying relationship with the deceased under Article 761 of the Civil Code of Seychelles
2 Whether the petitioner is entitled to apply for appointment as executor for distribution of the deceased's assets

Ratio Decidendi

Court Disposition

petition granted

Orders

Petitioner declared to have been in a qualifying relationship with the deceased under Article 761 (1) of the Civil Code of Seychelles Act 2020
Petitioner certified to apply to be appointed executor for the distribution of the assets of the deceased pursuant to Article 761 (2) read with Articles 745 to 787 of the Civil Code of Seychelles