The rescission of wills and its effects with regard to third parties under Maltese civil law

Abstract

Chapter 1 deals with the concept of rescission. Reference is made to the jurists' opinion on the concepts of rescission and nullity which are the same as far as the effects are concerned. It also includes the development of the concepts of rescission and nullity in various Continental Codes throughout the years. Chapter 2 examines the Maltese position with regards the essential conditions of capacity, consent, subject matter and lawful causa required under the pain of nullity in the Maltese Civil Code under the Law of Succession and the Law of Obligations. Chapter 3 refers to the formal requisites imposed ex lege found in Chapter 16 and Chapter 55 of the Laws of Malta. Hence, reference is made to the nullity of public, secret and privileged wills due to non-compliance with the required formalities. Chapter 4 evaluates the effects brought about with the resc1ss1ons of wills leading to the application of a previous will, where applicable or intestate succession together with the effects on the third parties, being anyone who is not part of the will.