Renunciation and acceptance of an inheritance : is existing legislation in need of refinement?

Abstract

The opening of succession is an everyday reality many people may experience at some point in their life. To the vast majority this might appear to be a positive, straightforward matter, and indeed, this is the case for most. This thesis focuses on those situations where complications may arise for a variety of reasons, by examining the provisions of the Maltese Civil Code dealing with acceptance and renunciation of an inheritance, and making suggestions for the refinement of existing legislation, to eliminate possible cases of ambiguity or insufficient information. This work provides an overview of the circumstances where a renunciation of inheritance might be advisable, together with the provisions of the law in this regard. The study also goes into the details of accepting and acquiring an inheritance, which include, among other things, the formalities and effects of accepting and an analysis of the rights and obligations of the heirs. The extent of their liability will essentially depend upon the form of acceptance adopted. An examination of the notion of acceptance with the benefit of inventory, which is a rather controversial, if not unpopular situation, will focus particularly on the effects arising therefrom. It is to be noted that references are made to case law and other sources to further illustrate the different issues dealt with in this work. The final chapter presents a number of recommendations for amendments regarding those sections which could create ambiguous situations leading to possibly unjust outcomes. It also makes a plea for more easily available information, making use in particular of the widespread, digitised means of communication, and for better coordination between the Courts and the Public Registry when it comes to the provision of vital information about inheritance matters.