Practice Area
Overview
Following the death of a person in Mauritius, the heirs and beneficiaries of the deceased must be identified and the assets and liabilities forming part of the deceased’s estate established.
An Affidavit of Succession, also referred to as an Affidavit of Notoriety, may be drawn up by an Attorney or Notary and sets out the relevant particulars of the deceased, the surviving spouse, heirs and beneficiaries, as well as the property forming part of the succession.
This guide explains the main procedure for preparing an Affidavit of Succession in Mauritius and the documents generally required.
The Document
An Affidavit of Succession is a document prepared following the death of a person for the purpose of recording relevant information concerning the deceased’s succession.
It may set out particulars relating to:
the deceased;
the surviving spouse;
the heirs and beneficiaries; and
the property forming part of the succession.
The preparation of the Affidavit therefore requires the family situation of the deceased and the relevant assets forming part of the succession to be established.
The Procedure
The precise requirements will depend upon the circumstances of the particular succession. The process generally involves the following steps.
Following the death, the persons entitled to participate in the succession must first be identified.
This requires consideration of the deceased’s family circumstances, including the existence of a surviving spouse and children, where applicable.
The assets and liabilities forming part of the deceased’s estate must be established.
Where the deceased owned immovable property, the relevant title deed should be identified and produced.
The relevant documents concerning the deceased and the heirs should then be gathered.
The documents generally required include:
Additional documentation may be required depending upon the circumstances of the succession.
The Affidavit of Succession/Notoriety may then be drawn up by an Attorney or Notary.
The Affidavit sets out the relevant particulars concerning the deceased, the surviving spouse, heirs and beneficiaries and the property forming part of the succession.
It is therefore important that the information and supporting documents provided are complete and accurate.
A succession may be more complex where one of the heirs has already died.
Where one of the heirs predeceased the deceased and an Affidavit of Succession has already been drawn up in respect of that heir, the existing Affidavit of Succession should be produced to the Attorney or Notary.
Where an Affidavit of Succession has not already been prepared in respect of the predeceased heir, that succession may need to be incorporated into the Affidavit of Succession of the deceased.
The relevant supporting documents relating to the predeceased heir’s succession will also be required.
Two witnesses are required to swear the Affidavit before the Court.
The applicable formalities are completed so that the Affidavit of Succession may be used for the purposes of the succession.
Checklist
For ease of reference, the principal documents are:
The particular circumstances of the succession may require additional documents.
Key Considerations
The assets and liabilities forming part of the deceased’s estate need to be identified as part of the succession process.
Where the deceased owned immovable property, the relevant title deed or deeds should therefore be provided.
The documents and information required will depend upon the nature of the deceased’s estate.
The timeframe will depend upon the circumstances of the succession and whether all required documents and information are readily available.
Where the matter is straightforward and all necessary documentation has been provided, the process may be completed relatively quickly.
More complex circumstances, such as the existence of a predeceased heir whose succession has not previously been dealt with, may require additional documentation and steps.
Confidential Consultation
Dealing with a succession requires the heirs and beneficiaries to be properly identified and the relevant information and supporting documents concerning the deceased’s estate to be gathered.
The process may require additional consideration where, for example, an heir has predeceased the deceased or the estate includes immovable property.
R&F Legal assists Clients with the preparation of Affidavit of Succession in Mauritius and advise on the documents and procedure applicable to the particular succession.
If you require an Affidavit of Succession following the death of a family member, contact R&F Legal to discuss the circumstances of the succession and the documentation required.
Disclaimer. This publication provides general information on Mauritian law and does not constitute legal advice. Legal advice should be obtained having regard to the particular circumstances of each case.