Civil Code (Cap. 16)
Civil Code (Cap. 16), article 620
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.
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.