Civil Code (Cap. 16)
Civil Code (Cap. 16), article 958R
958R. (1) Where movable or immovable property situated in
Malta has been settled in trust, under the laws of Malta or
otherwise, by a person who is not domiciled in Malta at the time of
settlement -
(a) such person shall be deemed to have had capacity to do
so if at the time of such transfer or disposition he was
of full age and sound mind under the law of his
domicile and the law of Malta; and
(b) no provision in this Code relating to inheritance or
succession to such property incl uding, but without
prejudice to the generality of the foregoing, rights to a
reserved portion or similar rights applicable under this
Code shall apply to such trust property, at such time or
subsequently; and
(c) the beneficiaries shall be deemed to have capacity to
benefit.
(2) Once property has been settled in trust it shall not be
affected by a change of domicile of the settlor, even if the se ttlor
subsequently becomes domiciled in Malta.
(3) For the purposes of this arti cle ''reserved portion'' means the
legal rule restricting the right of a person to dispose of his property
during his lifetime so as to preserve such property for distrib ution
at his death, or having similar effect.
Non-applicability
of right of
redemption.
Added by:
XIII.2004.39.
Re-numbered by:
XVI.2015.5.
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.