Civil Code (Cap. 16)

Civil Code (Cap. 16), article 866

Official PDF on legislation.mt

866. (1) The creditors of a person who renounces an inheritance to the prejudice of their rights, may apply to the court for authorization to accept such inheritance in the place of their debtor. (2) In the case referred to in sub-article (1) of this article the renunciation is annulled not in favour of the renouncing heir, but in favour of the creditors, and only to the extent of the rights of such creditors. (3) It shall be lawful for any of the co-heirs of the person renouncing to oppose the action of the creditors by paying the sums due to them, and the co-heir effecting payment shall ipso jure be subrogated to the rights of the creditors whose claims he has satisfied. Renouncing heir may still accept vacant inheritance.

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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.