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Seychelles Case Law

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Family law [2024] SCSC 39

Ex parte FJ (XP 2 of 2024)

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.

  • Qualifying relationship
  • Declaration of relationship
  • Appointment of executor
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Succession law [2023] SCCA 71

Mathiot v Maria (SCA 07/2023)

Mathiot v Maria (SCA 07/2023) [2023] (Arising in CS 29/2021) ((SCA 07/2023) [2023] (Arising in CS 29/2021)) [2023] SCCA 71 (18 December 2023)

The Court of Appeal of Seychelles quashed the order removing the appellant as executrix and reinstated her, holding the appointment was not unlawful.

  • Appointment of executor
  • Validity of will
  • Annulment of executor appointment
  • Declaratory relief
  • Appointment-of-executor
  • Validity-of-will
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Succession law [2023] SCSC 58

Maria v Mathiot (CS 29 of 2020)

Maria v Mathiot (CS 29 of 2020) [2023] SCSC 58 (30 January 2023)

The defendant's appointment as executrix was set aside due to material non-disclosure and procedural irregularity, depriving the plaintiff, a party with lawful interest, of the opportunity to be heard. The acts already performed by the defendant as executrix are not nullified to avoid prejudice to third parties. The plaintiff is eligible to be appointed executrix upon filing required documents, and must distribute the estate according to law, including the rights of reserved heirs.

  • Validity of will
  • Appointment of executor
  • Fiduciary duties
  • Reserved heirs
  • Procedural fairness
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Succession law [2022] SCSC 1123

Mondon v Talma & Anor (MA 113 of 2020)

Mondon v Talma & Anor (MA 113 of 2020) [2022] SCSC 1123 (19 December 2022)

The Seychelles Supreme Court revoked one executor’s appointment over inaction and family conflict, but refused to appoint the petitioner and sought a neutral nominee.

  • Revocation of executor
  • Appointment of executor
  • Duties of executor
  • Intestacy
  • Succession-law
  • Probate
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Succession law [2022] SCSC 367

Ex parte Cesar & Ors (XP 204 of 2019)

Ex parte Cesar & Ors (XP 204 of 2019) [2022] SCSC 367 (24 March 2022)

The Supreme Court of Seychelles appointed two petitioners as joint executrix of an intestate estate containing immovable property, finding they had lawful interest and no legal incapacity.

  • Appointment of executor
  • Intestate succession
  • Immovable property
  • Probate
  • Succession-law
  • Executor-appointment
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Succession law [2021] SCSC 1041

Ally vs Ally & Or (MC 38/2021)

Ally vs Ally & Or (MC 38/2021) [2021] SCSC 1041 (8 November 2021)

The Supreme Court of Seychelles appointed an heir as executor of an intestate estate made up only of immovable property, despite objections from siblings.

  • Appointment of executor
  • Intestacy
  • Immovable property
  • Heirship
  • Succession-law
  • Appointment-of-executor
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Succession law [2021] SCSC 1005

Renaud v Renaud (XP 03/2020)

Renaud v Renaud (XP 03/2020) [2021] SCSC 1005 (6 October 2021)

The applicant is not subject to any legal incapacity, is ready and willing to act, and the estate requires an executor to settle the deceased's interest in matrimonial property; thus, appointment is necessary and justified under the Civil Code.

  • Appointment of executor
  • Intestate succession
  • Matrimonial property
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Succession law [2021] SCCA 33

Ex-Parte Baillon (SCA 12 of 2019)

Ex-Parte Baillon (SCA 12 of 2019) [2021] SCCA 33 (13 August 2021)

The Court of Appeal held that collateral heirs by representation could be recognized and that André Baillon had a lawful interest to be appointed executor.

  • Appointment of executor
  • Collateral succession
  • Rights of representation
  • Lawful interest
  • Procedural fairness
  • Appointment-of-executor
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Succession law [2020] SCSC 461

Ex Parte Gertrude (XP 172/2019)

Ex Parte Gertrude (XP 172/2019) [2020] SCSC 461 (2 March 2020)

The court held that the consent of all heirs is not required for appointment of executor and, being satisfied with the evidence and absence of legal impediment, appointed the applicant and her brother as joint executors.

  • Appointment of executor
  • Intestate succession
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Succession law [2018] SCSC 8326

In the matter of Gelage Hoareau (XP162/2018)

In the matter of Gelage Hoareau (XP162/2018) [2018] SCSC 8326 (25 November 2018)

The Supreme Court of Seychelles granted an application to appoint Gelage Hoareau as executor of the intestate estate of Eugenia Marinette Etienne.

  • Appointment of executor
  • Intestate succession
  • Succession-law
  • Probate
  • Executor-appointment
  • Intestate-succession
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Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.