Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 535A
535A. (1) Where any secret wills have been received by the
Registrar in accordance with the p rovisions of this Title which have
not been withdrawn by the testators, or opened and published, a nd
one hundred and fifty years have elapsed since the date of the
presentation of the wills, the r egistrar shall prepare and publ ish a
list of the said wills in the Gazette.
(2) After the publication of the list mentioned in sub-article ( 1)
in the Gazette, the court shall establish a day and time in whi ch the
wills mentioned in the list shall be opened in public without t he
necessity of their being read. The court shall then order that the
said wills be transmitted to the archivist of Notarial Acts who shall
register these wills in a book to be kept by him and the other
provisions of this Title regarding the opening and publication of
secret wills shall not apply. The court shall draw up a procès-verbal
of the opening of the said wills, which shall only state the da te and
place of their opening, and whether the document so published
contains a will or not. A copy of such procès-verbal , together with
those wills shall be transmitted to the archivist of Notarial A cts,
and from that date such wills shall be open to inspection and t o the
issue of copies thereof.
Title VI
OF THE DECLARATION OF THE OPENING OF A SUCCESSION
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 161
Declaration of the
opening of
succession.
Substituted by:
XXIV .1995.208.
Amended by:
IX.2004.11.
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.