Civil Code (Cap. 16)
Civil Code (Cap. 16), article 638
638. The provisions of articles 631, 632, 633 and 635 shall not
apply in any of the following cases:
(a) if, at the time of the death of one of the spouses, the
spouses were separated by a judgement of the
competent civil c ourt, and the surviving spouse had, in
terms of articles 48, 51 and 52, forfeited the rights
referred to in those articles;
(b) where the predeceased spouse has, by his will, on any
of the grounds mentioned in article 623( a), (b), (c), (d)
and ( e), or on the grounds of adultery, expressly
deprived the surviving spouse of the rights referred to
in articles 631 to 633 and 635 and such ground, or
where more grounds are stated, any of such grounds, is
proved;
(c) if, in regard to the surviving spouse, there exists any of
grounds on which such spouse would under article 605
be, as unworthy, incapab le of receiving by will.
Application of
articles 633 and
635 in cases of
personal separation
or divorce.
Substituted by:
XVIII.2004.73;
L.N. 218 of 2012.
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.