Automated Summary
Key Facts
The Applicant, Devine Sylvette Arissol, seeks to invalidate the dispositions of her late father's Will. The 2nd Defendant, Marina Lyndy Gonthier née Arissol, a Seychelles citizen residing in Brisbane, Australia, is being served with notice of summons outside the Court's jurisdiction under sections 47-50 of the Seychelles Code of Civil Procedure. The Application is supported by an Affidavit asserting a valid cause of action and necessity for the 2nd Defendant's service to resolve the main case.
Issues
- The court considers if serving the 2nd Defendant, a Seychelles citizen residing in Australia, out of the jurisdiction is necessary for the determination of the main case.
- The Applicant seeks to have the dispositions of her late father's Will declared invalid, challenging their legal validity.
Holdings
The court, based on the affidavit in support, determined that the case is a proper one for service out of the jurisdiction. In accordance with sections 47 to 50 of the Seychelles Code of Civil Procedure, the judge ordered that the Plaint with summons be served on the 2nd Defendant, Marina Lyndy Gonthier née Arissol, at her address in Brisbane, Australia, with a returnable date of three months from the Order.
Remedies
The court ordered that the Plaint with summons be served on the 2nd Defendant, Marina Lyndy Gonthier née Arissol, outside the jurisdiction at 11 Croxley Street, Upper Mt. Gravatt, Brisbane, Australia, with a returnable date of three months from the date of this Order.
Will Type
Other
Probate Status
Will validity contested in court
Legal Principles
The court applied sections 47 to 50 of the Seychelles Code of Civil Procedure to grant an order for service of process on the 2nd Defendant residing abroad, finding it necessary for the determination of the main case concerning the validity of a will.
Cited Statute
Seychelles Code of Civil Procedure
Judge Name
E. Carolus
Passage Text
- The Applicant has been informed by her attorney and believes that she has a good cause of action; that in this matter a will is sought to be construed; and that it is necessary that the 2nd Defendant is served out of the jurisdiction for determination of the main case.
- On the basis of the averments in the affidavit in support of the motion, I am satisfied that this is a proper case for service out of the jurisdiction. Accordingly in terms of sections 47 to 50 of the Seychelles Code of Civil Procedure, I order that the Plaint with summons be served on the 2nd Defendant Marina Lyndy Gonthier née Arissol out of the jurisdiction at the address provided namely 11 Croxley Street, Upper Mt. Gravatt, Brisbane, Australia, with a returnable date of three months from the date of this Order.
Beneficiary Classes
Other