Civil Code (Cap. 16)

Civil Code (Cap. 16), article 736

Official PDF on legislation.mt

736. (1) It shall be lawful for the testator, in bequeathing a pension or a usufruct, to declare such pension or usufruct as n ot liable to attachment under a garnishee order, and even inaliena ble, wholly or in part. (2) Any such declaration, if made in general terms, shall be operative even where the garnish ee order is applied for, or the alienation is sought to be made or is demanded, in respect of d ebts incurred by the legatee after he has commenced to enjoy the leg acy. OF THE RIGHT OF ACCRETION Right of accretion.737. Saving the provisions of articl e 745 and article 866, where two or more persons have been instituted heirs or named as lega tees conjointly, and any one of such persons predeceases the testato r, or is incapable of receiving, or refuses the inheritance or the le gacy, or has no right thereto owing to the non-fulfilment of the conditi on under which he was so institute d or named, the share of such person, with the obligations and burdens attaching to it, shall accrue to that of the other co-heirs or co-legatees. Institution or legacy deemed to be made conjointly if it depends upon one and the same disposition, etc.

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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.