Affidavit of Succession in Mauritius

An affidavit of succession is a formal document used after a person has passed away to identify the persons who are legally entitled to inherit from the deceased and to establish their family relationship with the deceased.

In simple terms, it records who the deceased was, when they died, whether they were married, who their children were, and who the lawful heirs are.

When is an affidavit of succession used?

An affidavit of succession may be required when the heirs need to deal with property, money or other assets left by the deceased.

It may be used, for example:

1. To deal with bank accounts

Where a bank requires proof of who the lawful heirs are before dealing with money or accounts held in the deceased’s name.

2. To establish rights over inherited property

Where the deceased owned land, a house or another immovable property, the affidavit helps identify the persons who have inherited rights in that property.

3. To identify all lawful heirs

It formally records the persons who are entitled to inherit from the deceased, including the surviving spouse, children and other heirs, where applicable.

4. To deal with the deceased’s estate

It may be needed as part of the process of administering, transferring or eventually dividing the assets left by the deceased.

What information does it usually contain?

An affidavit of succession usually records:

• the deceased’s full name;
• the date of death;
• the deceased’s marital status;
• the name of the surviving spouse, where applicable;
• the names of the children;
• the names of the lawful heirs; and
• details of the property concerned, where relevant.

What documents are usually required?

The documents required will depend on the circumstances, but may include:

• the death certificate;
• the deceased’s birth certificate;
• the marriage certificate, where applicable;
• the birth certificates of the heirs;
• identity documents; and
• title deeds where immovable property is involved.

Two independent witnesses who knew the deceased are also required to affirm or swear the affidavit.

Does an affidavit of succession divide the property?

No.

An affidavit of succession identifies the lawful heirs and their rights in the estate, but it does not by itself divide the property between them or transfer the whole property to one heir.

Further steps may be required if the heirs later wish to divide, sell or transfer inherited property.

Can one heir be left out?

No lawful heir should be omitted.

All persons entitled to inherit should be properly disclosed. Leaving out an heir may create serious difficulties later, particularly when dealing with property or attempting to sell or transfer inherited assets.

If an heir was omitted or incorrect information was included, further formalities or rectification may be required.

When should it be completed?

An affidavit of succession is generally prepared by an Attorney / Avoué.

It should generally be prepared and registered within three months of the death. Additional charges may apply in case of delay. Where immovable property is involved, the affidavit has to be registered and transcribed.