Bequests by singular title : rights and limitations

Abstract

This thesis sets out to explore Maltese law on legacies by analysing our legal provisions, exploring the case decisions and comparing our legal provisions with those of other legal systems. Particular attention is paid to the various 'atypical' legacies which may be constituted in terms of our Code. These are examined in depth and with an awareness of the various interpretations which emerge from Maltese case decisions and the opinions of foreign authors. The effects of legacies are also discussed at length, placing special emphasis on the institute of immissione in possesso in view of its great practical importance. One cannot tackle the subject of bequests by singular title without referring also to universal succession, particularly so because the relationship between the legatee and the heir is the fulcrum of the institute of legacy. Throughout my thesis, it will become evident that the legatee is vested with several rights, more rights than obligations, which rights are mainly exercisable against the heirs, on whom, in the majority of cases, the burden of giving effect to the legacy is imposed. I will also explore those limitations as to the validity, the payment and the delivery of the legacy, which our legislator has deemed fit to impose in the case of certain types of legacies, such as the legato di cosa altrui, and the legacy of an indeterminate thing, and also those limitations which the testator may impose on the legatee, by way of conditions. My conclusion tries to succinctly examine certain confusing aspects of our law on legacies from a critical perspective, and various suggestions for legislative reform are proposed.