Legal issues with regard to testamentary dispositions by singular title under Maltese law

Abstract

The object of this thesis is to examine those articles under the Maltese Civil Code which deal with testamentary bequests by singular title in conjunction with the analyzing of the legal disputes brought before the Maltese Courts that relate to estates and inheritances of deceased persons and specifically relating to testamentary dispositions by singular title and their relative beneficiaries which are respectively known or referred to as legacies and legatees. Particular reference is made to four main issues which the Maltese Courts are time and time again faced with. These issues are:- Ownership and Possession, Vesting of Possession of Legacies, Legato Di Cosa Altrui, and Prescription and Forfeiture. Throughout this thesis reference is made to the legal statutory dispositions relating to legacies and to the manner and extent such dispositions regulate the effects of legacies bequeathed in a will vis-à-vis the legatees themselves and the heirs and estate of a deceased person. Furthermore reference and accreditation are respectively made to relevant Case Law and various authors to further expound the diverse issues raised in this thesis. The relative rights and obligations of the legatee will be considered throughout this thesis in relation to the heirs who are in the vast majority of cases burdened with the obligation of giving effect to the legacy. Limitations imposed by Maltese Law have also been delved into with special reference to the ‘legato di cosa altrui’ which is a legacy of a thing belonging to somebody else other than the testator. The conclusion indicates proposals and suggestions for amendments in these specific fields of Maltese Law in light of what is analyzed throughout this thesis.