Accessing a deceased bank account in Mauritius - How to?

My mother passed away late last year and has left me Executor of her estate in Mauritius, which comprises one only Movable Assets in the form of cash in bank at MCB. I've notified the bank of my of the death and provide certified copies of Death Certificate and the Will. The relationship manager at MCB says that I need to get the Will and Death Certificate vetted by a local notary in order that an Affidavit can be grant, after which the bank will be prepared to deal with me directly in my capacity a Executor of the estate.

Over the last 10 weeks I've approached about 11 Notaries in Port Louis for a quotation. To date only 3 have bothered to respond and all highlighting different requirements. One notary say I just need to send the Will and Death Certificate for the affidavit, the other two have requested varianing combinations of the below documentation in original, which seems a bit excessive given https://www.step.org/jr-mauritius#  "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."

- Death Certificate of the deceased;
- Birth Certificate, marriage certificate, divorce judgment, national identity card or passport of the deceased;
-birth certificate, marriage certificate, national identity card or passport, profession and residential address of the surviving spouse of the deceased and of ALL of their children (be it from a first marriage, second marriage, outside wedlock etc.

Can anyone spread light on exactly what the legal documentation requirements are for accessing a deceased bank account in Mauritius?  And/or can anyone recommend/connect me with a local reputable, responsive Notary in Port Louis?

Thanking you all kindly in advance of any guidance and pointers you provide. Much appreciated!

Cheers
Dave

Hello

I can't speak about the affidavit wrt Mauritius but , since I had to do the same thing for movable property ( bank accounts)  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  and it looks like they want to make sure that the affidavit covers everything:
https://www.sbmgroup.mu/sites/default/f … ositor.pdf

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:
http://csd.pmo.govmu.org/English/regist … death.aspx

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  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 http://csd.pmo.govmu.org/English/regist … death.aspx 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  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)  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  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)  I had to go for probate before the bank could release the funds to be distributed among the heirs.

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

Tél +230-212 2204 / 2647 / 2649
Fax +230-212 2653

E-mail: contact[at]notairesmaurice.org

Rajendra Dassyne, Président.
E-mail: rajendra.dassyne[at]gmail.com



What I would do if I were you:
Send an email with all the details ( PL DO NOT  MENTION THE AMOUNT OF  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  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  and ask for the name of a contact  with whom you can discuss the matter with.  Do not accept a refusal from a secretary or office clerk.  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  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  , I paid for the  trip and spent three days there to do everything on my own.

Thanks again External! I will give that a try.

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