Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 490

Official PDF on legislation.mt

490. Notwithstanding any other provision of this Code relating to disentail, any person in possession of property subject to e ntail may, upon an application to that effect, obtain a disentail, in regard to all or any part of such property, by a decree of the court o f voluntary jurisdiction, provided - (a) the entail be dividual; and (b) the fruits of all the proper ty possessed by the applicant under the entail to which the application refers, do not, after deducting all burdens, exceed the sum of ninety- three euro and seventeen cents (93.17) per annum; and (c) the consent of all the parties next entitled to succeed to the entail be obtained: Provided that if at the time of the application there be only o ne person next entitled to succeed, then, besides the consent of s uch person, it shall also be necessary to obtain the consent of any other person who, in the event of the predecease of the former, would be the person or one of the pers ons next entitled to succeed. Where person whose consent is required is a minor, etc. Added by: II.1868.2.

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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.