General

The Curatelle Office provides the following services:

  1. Appointment of Executor/ Executrix
  2. Appointment of Fiduciaries
  3. Administration of Vacant Estates
  4. Monitoring of Executor/ Fiduciaries
  5. Re-Sealing of Probates

Yes, you have to pay for the following:
1.Filing Fees
2. Fees for Registration of extract of the order and publication in the Official Gazette
 
Click below for Court Fees   

It is recommended that a legal representative/lawyer is consulted as circumstances may require additional or different documents or information. Petitions for appointments or confirmation of Executors are normally drafted by lawyers who must and are also expected to provide clients with the proper advice as to the functions and duties of an Executor.

If you feel you have what it entails, you can represent yourself.

You can make a complaint by:

  1. Coming personally to the Curatelle Office, where you will be directed to the respective officer
  2. Contacting us on +2484289500
  3. Emailing us [email protected]
  4. Visiting our website

Dressing comfortably and appropriately is a crucial part of presenting yourself. Wear an accepted Attire that is not so overly tight and revealing.  If you’re unsure of what to wear, please contact us.

Payment of Fees is paid at the Curatelle Accounts Office on the first floor of the Premiere Building. The Curatelle may at its discretion accept the following mode of payments

Cash

Cheque

POS

We hope to provide online payment services in the near future.

An appeal shall be brought by notice in writing. Which shall be lodged with the Curator within 30 working days after the date of the decision appealed against.

Executors

An Executor is a person appointed by the Curator who is responsible for:

  1. Carrying out an inventory of the succession
  2. Settling the debts and liabilities of the succession
  3. Distributing the balance of the succession to all the heirs in accordance with law
  4. Maintain, administering and representing the succession

In the event of a testate succession the Executor will carry out the terms and conditions of the last will and testament of the same in accordance with law.

An Executor is required under section 23 of the Curatelle Act 2021 to enable a person to handle the succession of the deceased.

An individual, or through a lawyer, makes an application by filing a petition at the Registry Section of the Curatelle Office; to appoint an Executor for the administration of succession of a deceased person. Upon filing the petition, the Senior Curatelle Officer will proceed with the taxation of the documents for payment purposes. The Petitioner will then pay the filing fees at the Accounts section; after which the Senior Curatelle officer shall set a mention or hearing date within two days: if all documents are in order. The Curator’s order is delivered within one week after the hearing. Once the order has been delivered, the Petitioner has to pay a fee of Five Hundred and Seventy-Five Rupees (Sr 575.00), for registration of the extract of the order by the Registration Division; and Publication in the Official Gazette by the Attorney General’s Chambers. The Petitioner can collect a copy of the order at the Curator’s office upon payment of the above fees.

If everything is in order, an Executor can be appointed within three to four weeks in total.

If the ownership of the estate is in question, the matter must be taken to the Supreme Court.

Where a person dies testate and an Executor is appointed in the will or testament, the Curator shall upon the filing of a petition, confirm said appointment.

Where a person dies testate without an Executor being appointed in the will or testament, the Curator shall upon the filing of a petition, appoint an Executor.

Where a person dies intestate an Executor/Executrix must be appointed to deal with the succession.

It is dependent on any agreement entered into, between an Executor and heirs of the succession.

The intended executor or Executrix must provide the following documents. It is recommended that a legal representative/lawyer is consulted as circumstances may require additional or different documents or information. Petitions for appointments or confirmation of Executors are normally drafted by lawyers who must and are expected to provide clients with the proper advice as to the functions and duties of an Executor

1a) Intestate Succession: Where the deceased has left no will and testament

  • Death certificate of the deceased proprietor
  • Proof of heirs within twelve degrees (birth certificate plus marriage certificate (where necessary)
  • Proof of ownership of movable or immovable property
  • Certified National Identification document of intended Executor\Executrix
  • Official search certificate
  • Notification to /Consent of heirs
  • Affidavit of aliases

1b) Testate Succession: Where the deceased has appointed an Executor in his last will and testament

  • Death certificate of the deceased proprietor
  • Registered/ Authenticated copy of the last will and testament
  • Proof of ownership of movable or immovable property (For the purposes of Land Registration Act)
  • Certified National Identification document of intended Executor\Executrix
  • Affidavit of aliases

1c) Testate Succession: Where the deceased has left a last will and testament without appointing an Executor/ Executrix 

  • Death certificate of the deceased proprietor
  • Proof of heirs within twelve degrees (birth certificate plus marriage certificate (where necessary)
  • Proof of ownership of movable or immovable property
  • Certified National Identification document of intended Executor\Executrix
  • Official search certificate
  • Notification to /Consent of heirs
  • Affidavit of aliases

The duties of the Executor is

  • Make an inventory of the succession
  • Pay off all of the deceased debts
  • Distribute the remainder of all the succession to the heirs

In accordance with the last will and testament of the deceased, or in compliance with the existing laws of inheritance and succession.

An executor shall fulfill its function and wind up the succession within 24 months from the date of death of the deceased. The Curator may approve an extension of time. However, approval shall not be given without cause nor for a period of more than 12 months at a time.

Yes, you can change an Executor by filing a case at the Supreme Court for revocation of the current one. Of course, the petitioner must have valid reasons and proof.

Inheritance dispute are dealt with by the Supreme Court

A new Executor will have to be appointed. In such cases, It is advisable to seek the assistance of a lawyer in drafting the necessary legal documents.

The relevant inheritance law clause will come into force. You can seek advice from a lawyer.

Vacant Estates\ Absentee

A Vacant Estate means a vacant succession, where the deceased leaves behind property but no heirs. A Vacant Estate includes unclaimed property that is, any property in Seychelles where the owner cannot be ascertained.

Whenever the  has reason to believe that there is a , , or any property belonging or accruing to an , the  shall apply to a Judge for an order to vest that ,  , or property of the  in the .

  • Whenever the  has reason to believe that there is a , , or any property belonging or accruing to an , the  shall apply to a Judge for an order to vest that ,  or property of the  in the .
  • The order shall be granted as of course, upon the ex parte petition of the  supported by affidavit that diligent inquiry has been made and that the  or other deponent believes that the succession or property for which the order is claimed is vacant or unclaimed or belongs to an  as the case may be.
  • The  shall, if the succession has sufficient funds, notify the order by publication in 2 consecutive numbers of the Gazette and a newspaper published daily in Seychelles.

 

  • Failing application by the  under  any person may apply, after reasonable notice has been given in writing calling upon the  to make an application under , by petition supported by affidavit for an order vesting in the  any ,  or the right of any .
  • An order made under subsection (1) may be made by a Judge on a summons calling on the  to show cause why it should not be made, and on satisfactory proof being adduced that such order is necessary for the protection of the rights of the applicant.

Fiduciary

A fiduciary is someone appointed to act on behalf of a co-ownership. A co-ownership exists where a parcel of land is owned by more than one person.

A fiduciary may be appointed by a notary where all the co-owners are in accord. Where the co-owners are unable to agree on a fiduciary, the Curator may, where a petition is filed by one or more co-owners, appoint a fiduciary.

A fiduciary can be any of the co-owners or strangers to the co-ownership.

Re-Sealing of Probates

A grant of Probate is an appointment of a testamentary Executor made in an approved outside jurisdiction. Where a testamentary Executor has not been appointed, letters of administration will normally be issued by the relevant authorities. Both appointments empower the appointed person to deal with the succession of the deceased.

The sealing by the Curator of Probates and letters of administration granted by a foreign court of probate in a recognized jurisdiction. (In respect of part of the succession located in the Republic of Seychelles)

An application under subsection (1) may be made by the executor or any interested person.
A person who seeks to reseal the grant of  under subsection (1) shall submit to the  a petition supported by an affidavit accompanied by—
(a)a copy of the grant of  in accordance with  that the petitioner seeks to reseal;
(b)the death certificate of the deceased;
(c)proof of the identity of the applicant;
(d)affidavits, or a declaration in the affidavit in support, of alias where necessary in order to explain or reconcile any differences or discrepancies in names which appear in the supporting documents.