Intestate succession : a comparative analysis

Abstract

Act XVIII of 2004 introduced significant amendments to the Civil Code of Malta, with the law of succession being the area mostly affected. Amongst others, most of the provisions regulating intestate succession by the descendants, the surviving spouse, the ascendants, the collaterals, more remote categories, as well as the Government, were rewritten. Some of the provisions reforming the institute of intestate succession came into force with immediate effect on the 1 st day of March, 2005, whilst the remaining provisions apply to successions taking effect after such date. Thus, successions opened prior to the coming into force of such amendments continue to be regulated by the former provisions, hence their continuing importance. In the first four chapters I conduct a comparative analysis of the institute of intestate succession under Maltese Law prior to and subsequent to the coming into force of the amendments introduced by Act XVIII of 2004. The aim behind such approach was to identify the differences as well as their effects. In the final chapter I extend my analysis to compare current Maltese Law with Italian and French Law on intestate succession. The intention was to highlight similarities and differences between Maltese Law and Italian and French Law in order to identify areas, if any, for possible further reform to Maltese Law and to make relative proposals. From the comparative analysis conducted I conclude that the amendments introduced by Act XVIII of 2004 improved and simplified the institute of intestate succession under Maltese Law. Such institute was in dire need of amendment having remained greatly unchanged since the inception of the Civil Code way back in the 1870s. Nonetheless, certain anomalies and short-comings are still manifest, hence my affirmation that there still exists room for further reform.