Legacies in wills, with particular reference to the ‘legato di cosa altrui’

Abstract

This Professional Report is aimed to clearly identify the effects of a legacy bequeathed in a will and the main differences between heirs and legatees. Particular reference will be made to a specific type of legacy that a testator can utilise; the legacy of a thing belonging to another, also referred to as the ‘legato di cosa altrui’, as can be seen in Chapter 3. Reference to local judgements is made throughout, to provide a practical example of the issues being discussed. The methodology will be primarily black letter, however reference to local judgements will be made in order to give practical examples of the notions being discussed. The first chapter of this Professional Report introduces the context; exploring concepts such as inheritance and drawing up a will. The second chapter delves into the notions of heirs, legatees, legacies in wills and the concept of ‘immissjoni fil-pussess’. The third chapter is dedicated to the ‘legato di cosa altrui’, defining the concept and delving into local judgements which tackle some issues created by this type of legacy. The fourth chapter is the concluding chapter which puts forward suggestions and recommendations, as well as makes reference to the author’s findings.