Civil Code (Cap. 16)
Civil Code (Cap. 16), article 704
704. (1) Where the testator bequeaths by way of legacy any
determinate thing or sum, as due by him to the legatee, the leg acy is
valid, even though such thing or sum is not due.
CIVIL CODE [CAP. 16. 185
(2) If such thing or sum is due by the testator, the legatee
acquires a new action for the r ecovery of the thing or sum due to
him, and, where otherwise the thing or sum would not have been
exigible except after the lapse of a certain time, or if the payment
thereof was dependent upon the fulfilment of a condition, the
legatee shall not be bound to wait until the expiration of such time,
or the fulfilment of such condition.
(3) The legacy, however, shall be ineffectual if the testator
shall pay the debt at a ny time after the will.
Legacy of debt to
creditor.
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.