禁漫天堂

Hello

I can't speak about the affidavit wrt Mauritius but , since I had to do the same thing for movable property ( bank accounts)聽 in another country ( via the probate process) , the court will want to ensure that :
your late mother didn't get remarried and there is a second spouse or children somewhere
they want to confirm that she was actually a Mauritian citizen ( even though that should not impact the heirs)

I was just looking at these requirements from another bank in Mauritius聽 and it looks like they want to make sure that the affidavit covers everything:


Two suggestions:
1. Ask the bank whether they can recommend a notary who deals in such affidavits ( they must know those who have dealt with them)
2. Go to the court in Port-Louis ( must probably the Civil one) and try to enquire via a clerk or someone in the Attorney General office as what are the documents needed for the affidavit of death and heirship in Mauritius

BTW: Have her death been registered with the government as per this:

Hi External,

Thanks for your response.

My mother was Zimbabwean citizen only. She did remarry, but her Will was drawn up after her second marriage, and instructs that her estate should be divided equally by her 3 children.

Thanks for your suggestions:

I've asked the bank for an introduction to a local Notary, they have advised "For ethic reasons, we may not suggest notary names as well. However, please note that we work with most of them without any issues." which is a bit annoying as now I have to check with them once I do manage to find a Notary that it's not one that don't work with.

None of us children are based in Mauritius, so going into the court in Port-Louis to ask what documents聽 are needed for the affidavit of death and heirship in Mauritius is not possible. But I will see if I can find and email adress of the courts online and I'll email them.

On the registering of my mothers death, I wasn't aware that this was a requirement. When I look at the site it appears to be for Mauritian citizens only?

Would be most great-full if you could confirm, if any of your advice above, changes now that you're aware my mother was a Zimbabwean citizen?

Hi David,

If your late mother was not a Mauritian citizen , then I don't see why you will need to provide all the documents you have listed in your original post.

As far as the Mauritian Inheritance /Succession Laws are concerned :"The inheritance of movable assets, however, is governed by the laws of the last domicile (i.e. the country of permanent residence) of the deceased."

Question:
Was your Mum living on the island at the time of death as a foreigner/expat?

If that's the case , then all you will need are : Her death Certificate and the Will and then an affidavit聽 drawn by the notary so that the Bank can release the funds in that account.

It is PITA to do everything from afar ( that was our case also)聽 and some countries have different laws. In our case, the family member was domiciled, at the time of death, in Country A of which he was not a citizen but had movable and immovable properties in聽 and he had also movable property ( bank accounts and investment) in two other countries of which he was a dual national but not resident at the time of death. In one country ( B) , the death certificate and the will were sufficient but in the third country (C)聽 I had to go for probate before the bank could release the funds to be distributed among the heirs.

My advice :聽 try to contact this office
CHAMBRE DES NOTAIRES DE L'ILE MAURICE聽
PCL building 43,
Rue Sir William Newton
Port Louis
ILE MAURICE

T茅l +230-212 2204 / 2647 / 2649
Fax +230-212 2653

E-mail: contact@notairesmaurice.org

Rajendra Dassyne, Pr茅sident.
E-mail: rajendra.dassyne@gmail.com



What I would do if I were you:
Send an email with all the details ( PL DO NOT聽 MENTION THE AMOUNT OF聽 MONEY BEING HELD)* pertinent to your late Mum;
Her citizenship
Last residence at time of death
Her status on the island if she died in Mauritius
When and where she passed away.
Ask what are the required documents聽 for an affidavit for a Mauritian Bank to release the funds to the executor of the Estate .

Once you have sent said email then you can call to enquire whether they have received it聽 and ask for the name of a contact聽 with whom you can discuss the matter with.聽 Do not accept a refusal from a secretary or office clerk.聽 Insist to speak with whomever is responsible for that Chambre .

* Reason: when I was dealing with that 3rd country (C) , first thing a couple of lawyers wanted to know was the amount of money being held聽 before they could tell me my fees. Once I researched how easy it was to file for court probate ( it was not an affidavit) but a lot of forms to be filled聽 , I paid for the聽 trip and spent three days there to do everything on my own.

Thanks again External! I will give that a try.

Hi David.

I am in a similar situation to you and am wondering whether you were able to resolve with the offered advice

@Jon. Eloh Normally the cash is withheld by the Bank of Mauritius. you just need to contact the bank with which the account is and they will do the necessary

@Jon. Eloh Still ongoing but seems to help if you get a Mauritian Notary to go through the necessary protocol, to confirm to the bank that you are the bona-fide executor