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Section 25: Rules concerning inventory

Succession And Wills Act

consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

25. Rules concerning inventory (1) The inventory shall, in addition to other formalities required for the validity of notarial deeds, contain— (a) the names, professions, and residences of the heir, surviving spouse, testamentary executor (when the will is known), universal donee, universal legatee or donee, or any legatee à titre universel; (b) the names, profession and residence of the parties who have applied for the inventory, of those who appear, of those who leave default, and of those who are absent from Mauritius, if they are known; (c) an indication of the place where the inventory is made; (d) the description and valuation of the goods and effects, except that, in the case of jewels and works of art, it shall not be necessary to employ an auctioneer or appraiser for the purpose of making the valuation; and (e) mention of all debts declared to be due by or to the succession. (1A) (a) The documents covered by the inventory shall be numbered and initialled by the notary. (b) Where there are business books and registers, each page shall be numbered, and the books or registers initialled. (c) Where a page partly written over or blank has been left, lines shall be drawn across the blank space. (d) Where it is necessary to hand over the effects and papers to a person for safe custody, the fact shall be recorded. (e) The custodian shall be selected by the parties and, where they cannot agree, by the notary. (2) (a) Where, during the inventory, a difficulty arises between the parties which prevents the notary from proceeding, he shall draw up a memorandum of the fact, with the objections and statements of parties, and shall advise them to appear on a day to be fixed by him before the Judge. (b) On the day fixed, the notary shall submit his memorandum to the Judge who shall proceed as provided in section 28.

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