Mancham v Mancham (CS 66/2017) [2018] SCSC 8217 (11 July 2018)

Mancham v Mancham (CS 66/2017) [2018] SCSC 8217 (11 July 2018)

The Court found that the Will substantially complied with the legal requirements for an authentic Will. The notary's wording was sufficient to vouch for the testator's mark and physical disability, and the absence of specific terms was not fatal. There was no evidence of undue influence or lack of capacity. The Plaintiff's claims were dismissed and the Will declared valid.

Citation
[2018] SCSC 8217
Parties
Plaintiff: Shirin Mancham; Defendant: Katherine Mancham
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 July 2018
Case Number
CS 66/2017
Procedural Posture
Civil / Judgment
Outcome
Plaint dismissed; Will declared valid; costs awarded to Defendant.
Legal Topics
Validity of Will, Testamentary Capacity, Formal Requirements of Wills
Source Language
English
Succession Law Wills and Probate Validity of Will Testamentary Capacity Formal Requirements of Wills

Case Brief

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Parties

Shirin Mancham

Plaintiff

Katherine Mancham

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Will executed by the deceased was valid under the law
  2. 2 Whether the formal requirements for an authentic Will were complied with
  3. 3 Whether the notary's actions invalidated the Will

Ratio Decidendi

The Court found that the Will substantially complied with the legal requirements for an authentic Will. The notary's wording was sufficient to vouch for the testator's mark and physical disability, and the absence of specific terms was not fatal. There was no evidence of undue influence or lack of capacity. The Plaintiff's claims were dismissed and the Will declared valid.

Court Disposition

Plaint dismissed; Will declared valid; costs awarded to Defendant.