Ex parte: Johansson (46 of 2006) [2006] SCSC 40 (23 March 2006)

Ex parte: Johansson (46 of 2006) [2006] SCSC 40 (23 March 2006)

The applicant, being the lawful son and named executor in the will, with the consent of all heirs and no evidence of unfitness, is entitled to be confirmed as executor of the estate in Seychelles.

Citation
[2006] SCSC 40
Parties
Applicant: Sven Arvid Gustav Johansson
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 March 2006
Case Number
46 of 2006
Procedural Posture
Probate / Application for Confirmation of Appointment of Executor
Outcome
application granted
Legal Topics
Appointment of Executor, Confirmation of Executor, Testate Succession
Source Language
English
Succession Law Appointment of Executor Confirmation of Executor Testate Succession

Case Brief

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Parties

Sven Arvid Gustav Johansson

Applicant

Procedural Posture

Probate / Application for Confirmation of Appointment of Executor

Legal Issues

  1. 1 Whether the applicant is the lawful son of the deceased
  2. 2 Whether the applicant is entitled to be appointed as executor under the will
  3. 3 Whether the applicant is a fit and proper person to be appointed as executor

Ratio Decidendi

The applicant, being the lawful son and named executor in the will, with the consent of all heirs and no evidence of unfitness, is entitled to be confirmed as executor of the estate in Seychelles.

Court Disposition

application granted

Orders

  • Applicant Sven Arvid Gustav Johansson is appointed and confirmed as testamentary executor of the estate of the deceased in respect of immovable properties in Seychelles.