Vesting in possession of legacies

Abstract

This thesis examines the rules regarding the vesting in possession of legacies, or 'L-Immissjoni fil-Pussess' as it is known in Maltese - the procedure whereby possession of legacies, initially acquired by the heirs of the testator by operation of the law, is subsequently vested in the legatees. The first two chapters examine the rules governing the procedure for vesting in possession of legacies and the rationale or purpose for their inclusion in the law regarding legacies. Chapter 3 deals with the relationship (if any) between vesting in possession of legacies and the acquisition of ownership of the same by the legatee. Particularly, this chapter addresses the question whether the vesting in possession of legacies is a sine qua non condition for the acquisition of ownership of the legacy by the legatee or whether such ownership is acquired at an earlier stage, that is, upon the opening of succession. Chapter 4 deals with the first constitutive element of vesting in possession of legacies - the demand by the legatee to be vested in possession which initiates the procedure of vesting in possession. An analysis is made of the mode in which such demand ought to be made. The question whether such demand is necessary in all circumstances is examined, and a study is made of the collateral effects of the demand. Chapter 5 deals with the material element of the said vesting in possession the delivery of the legacy to the legatee - with a discussion on the mode in which such delivery should be made and on the persons charged with delivery. A seperate analysis is made of certain ancillary obligations to the principal obligation of delivery, of accessories to legacies and of expenses involved in the delivery of legacies. The final chapter rounds off the discussion with an exposition of the reasons for the continued preservation of the procedure for vesting in possession of legacies.