Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 444
444. (1) The following persons are exempted from giving the
security referred to in th e last preceding article:
(a) the heir institute;
(b) the legitimate chil dren of the deceased;
(c) the parent or the brother or sister of the deceased,
provided such parent, brother or sister shall state on
oath before the respective court, that it is to his
knowledge that the deceased had no legitimate
130 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
children.
Power of court. (2) In such cases it shall be lawful for the court to allow the
heir institute or the child, pare nt, brother or sister of the d eceased
to take possession of the entire inheritance, under an obligati on on
his or her part to surrender such portion as may be due to any other
heir institute, child, parent, b rother or sister of the decease d.
Delivery of estate
to creditor.
Amended by:
XI.1859.25;
L.N. 46 of 1965;
LVIII.1974.68;
XXV .2019.18.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.