W v W (CS43/2016) [2020] SCSC 424 (20 January 2020)

W v W (CS43/2016) [2020] SCSC 424 (20 January 2020)

The action for reduction of a bequest in a Will is subject to a five-year prescription period from the date of death of the testator. The Plaintiff's suit, filed more than five years after the Deceased's death, is prescribed and must be dismissed.

Citation
[2020] SCSC 424
Parties
Plaintiff: W; Defendant: W
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 January 2020
Case Number
CS43/2016
Procedural Posture
Civil Suit / Judgment
Outcome
Suit dismissed as prescribed.
Legal Topics
Testamentary Disposition, Prescription, Reduction of Bequest, Action for Reduction of Estate, Limitation Period
Source Language
English
Succession Law Civil Procedure Testamentary Disposition Prescription Reduction of Bequest Action for Reduction of Estate Limitation Period

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Parties

W

Plaintiff

W

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the dispositions of the Will were valid in terms of Article 913 of the Civil Code of Seychelles
  2. 2 Whether the estate should be redistributed if the Will is invalid
  3. 3 What shares should be allocated to the parties if redistribution is ordered

Ratio Decidendi

The action for reduction of a bequest in a Will is subject to a five-year prescription period from the date of death of the testator. The Plaintiff's suit, filed more than five years after the Deceased's death, is prescribed and must be dismissed.

Court Disposition

Suit dismissed as prescribed.

Orders

  • The suit is dismissed.