Civil Code (Cap. 16)
Civil Code (Cap. 16), article 752
752. (1) It shall be lawful for any one of the spouses, the other
ascendants, the uncle or aunt, brother or sister, to substitute a third
party in the place of a minor in the event of the latter dying without
issue, before attaining the age of eighteen years, but only wit h
regard to the property in which such minor shall have been
instituted heir or appointed legatee.
(2) It shall also be lawful for any of the said persons to
substitute a third party in the place of any person with a ment al
disorder or other condition, which renders him incapable of
managing his own affairs or insane person, in regard to such
property only as they shall have devised to him, in the event o f his
dying with the mental disorder or other condition, whilst still
incapable of managing his own affairs, or in a state of insanit y,
192 [CAP. 16. CIVIL CODE
without issue.
(3) Any substitution referred to in this article, if made by any one of
the parents or any other ascendant by whom a share of the reser ved
portion is due to the heir-institute or legatee, may only inclu de such
portion of the property as the minor, on attaining majority, or the insane
person, or person with a mental disorder or other condition, if of sound
mind at the time of his death, could dispose of.
Substitution of
several persons in
the place of one, or
vice versa.
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.