Civil Code (Cap. 16)

Civil Code (Cap. 16), article 620

Official PDF on legislation.mt

620. (1) It shall not be lawful for the testator to encumber the reserved portion with any burden or condition. (2) The reserved portion is calculated on the whole estate, after deducting the debts due by the estate, and the funeral expenses. (3) There shall be included in the estate all the property disposed of by the testator under a gratuitous title, even in contemplation of marriage, in favour of any person whomsoever, with the exception of such expenses as may have been incurred for the education of any of the children or other descendants. (4) The person to whom the reserved portion is due shall impute to it all such things as he may have received from the testator and as are subject to collation under any of the provisions of articles 913 to 938. (5) The person claiming the reserved portion shall take into account his share any property bequeathed to him by will and cannot renounce any testamentary disposition in his favour and claim the reserved portion, except when such testamentary disposition is made in usufruct or consists in the right of use or habitation, or consists of a life annuity or an annuity for a limited time. Where subject of testamentary disposition is a usufruct or life annuity. Amended by: XVIII.2004.62.

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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.