Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 444

Official PDF on legislation.mt

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.

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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.