When a landowner dies in Seychelles, the land does not simply pass by the words of a will alone. Succession is governed by the Civil Code of Seychelles, which protects close family with a fixed, reserved share of the estate. Anyone who owns or expects to inherit Seychelles land should understand how this works before making plans.
01 The governing law
Succession is set by the Civil Code of Seychelles, the modern Code that replaced the older French-derived one. It decides who inherits, in what shares, and how much of the estate the owner was free to give away. It applies to immovable property, land and buildings, situated in Seychelles regardless of where the owner lived. Movable property can follow different rules, which is one reason estates with land are best handled by a notary.
02 The reserved share, forced heirship
Seychelles keeps a form of forced heirship. A portion of the estate, the reserved portion, is set aside by law for the deceased's children (and, failing children, other close heirs). The owner may freely dispose of only the remainder, the disposable portion. The size of the reserved share rises with the number of children, so the more children there are, the smaller the part the owner could give away by will or lifetime gift. The practical effect is that you cannot disinherit your children of their reserved share, and a will that tries to is cut back to fit. Because the exact fractions turn on the family circumstances and the current Code, confirm your own position with a notary rather than assuming.
03 With a will and without
A valid will lets the owner direct the disposable portion, name who takes which asset within the rules, and appoint an executor. It cannot override the reserved share. Without a will, intestacy rules distribute the whole estate by fixed order, spouse and children first, then more distant relatives, in shares the Code prescribes. Either way the reserved heirs are protected. A will made abroad can be recognised, but for Seychelles land a locally drawn or locally validated will avoids trouble.
04 When heirs share the land
Land often passes to several heirs together, who then hold it in undivided shares. Each owns a fraction of the whole, not a marked-off piece of ground. No co-owner can sell the land, or usually build on it, without the others. This is a frequent source of stuck estates. The way out is a partition, dividing the land into separate parcels where the site allows, or a sale of the whole with the proceeds split. Partition needs a fresh survey and new parcel numbers, and where the heirs cannot agree, a court can order it.
05 Transferring the title
Inheritance does not update the Land Register on its own. The heirs, through a notary, establish who is entitled, prove the death and the relationships, and lodge the transmission so the register shows the new owners. Only then can the land be sold, mortgaged or partitioned cleanly. Where an heir is a non-Seychellois, the ordinary sanction rules still apply to their holding. Duties on a transfer by inheritance are lighter than on a sale, but a notary should confirm what falls due.