Ex parte Vidot (XP 19 of 2024) [2024] SCSC 127 (29 July 2024)

Ex parte Vidot (XP 19 of 2024) [2024] SCSC 127 (29 July 2024)

The petitioner was in a qualifying relationship with the deceased as defined by the Civil Code, 2020, and is entitled to inherit as a surviving partner. There is no legal requirement for a court declaration to be made before applying to the Curator for appointment as executor when only movable property is involved. However, given the circumstances and the petitioner's efforts, the court granted the declaration in this instance.

Citation
[2024] SCSC 127
Parties
Petitioner: Clavette Ginette Vidot; Deceased: Antoine Daniel Adonis (deceased)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 July 2024
Case Number
XP 19 of 2024
Procedural Posture
Ex Parte Petition / Final Judgment
Outcome
petition granted
Legal Topics
Qualifying Relationship, Surviving Partner, Executor Appointment, Movable Property Succession
Source Language
English
Succession Law Family Law Qualifying Relationship Surviving Partner Executor Appointment Movable Property Succession

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Parties

Clavette Ginette Vidot

Petitioner

Antoine Daniel Adonis (deceased)

Deceased

Procedural Posture

Ex Parte Petition / Final Judgment

Legal Issues

  1. 1 Whether the petitioner was in a qualifying relationship with the deceased under the Civil Code of Seychelles, 2020
  2. 2 Whether a court declaration is required for a surviving partner to apply for appointment as executor when only movable property is involved

Ratio Decidendi

The petitioner was in a qualifying relationship with the deceased as defined by the Civil Code, 2020, and is entitled to inherit as a surviving partner. There is no legal requirement for a court declaration to be made before applying to the Curator for appointment as executor when only movable property is involved. However, given the circumstances and the petitioner's efforts, the court granted the declaration in this instance.

Court Disposition

petition granted

Orders

  • Declaration that the petitioner was in a qualifying relationship with the deceased and is a surviving partner within the meaning of Article 731 and 745 of the Civil Code, 2020.
  • Copy of the judgment to be served on the Curator.