Maltese law

statman

Hello
i wonder if anybody can help. Our Dad died about a year ago and there is some confusion over how the money is split from the sale of his home. His 2nd wife who split up with him many years ago but never divorced believes that she is entitled to 50% of the house plus 50% of the remainder leaving 25% to split between his 6 children. I have been told separately that the property should just be split seven ways. I don't want to cause a massive fuss but his ex wife has gone to sort it out in Malta and I just want things to be right.
Thanks in advance.

vaio

This one caught my eye, looking around it seems a bit complicated but as far as I can make out…….

If he made a will then…….

“If the deceased has four or less children, born in or out of wedlock, he/she must leave one third of the estate to them. If there are more than four children, the deceased must leave them one half of the estate. If the couple have children, the reserved portion for the spouse is one fourth. If there are no children the reserved portion for the spouse is one third. Apart from the reserved portion, the surviving spouse also has the right of habitation in the principal home.
The residue of the estate outside the reserved portion may be freely disposed of. It may be given to those who have already inherited, or to persons who are not relatives of the deceased.”

And if he didn’t make a will then……..

“If there are no children, the estate goes to the spouse; or if the spouse was widowed previously, to the children. If both the spouse and children survive the deceased, then the estate is apportioned equally between the surviving spouse and the children. If the deceased had no spouse or surviving descendents, then the estate is distributed between the ascendants, or in default, between collaterals in the next degree.”

In either case if he gave significant amounts away whilst he was alive then…….

“A person who is mentally sound is free to dispose of property located in Malta in any way which he/she desires. No challenges can be made if the donor is of sound mind; however, children and descendants who inherit from an ascendant, whether under a will or by rules of intestacy, must deduct from their share in the inheritance the value of everything they have received from the deceased by donation, unless the donor otherwise directed, either through a deed of donation, or a subsequent deed or will.”

All in all if there is a significant amount of money involved I’d get a Maltese lawyer to look after your interests

statman

OK our situation is no will, 2nd wife left my Dad 12 years ago, 3 children from first marriage and 3 from the second. So am I right in concluding that it is split 7 ways when the property is sold?
Don't things get messy! I don't think anyone wants to fall out about it so we are all being very polite but it should be fair.

vaio

statman wrote: »

OK our situation is no will, 2nd wife left my Dad 12 years ago, 3 children from first marriage and 3 from the second. So am I right in concluding that it is split 7 ways when the property is sold?
Don't things get messy! I don't think anyone wants to fall out about it so we are all being very polite but it should be fair.

On the face of it if he was resident in Malta when he died then you are right, but….

“if there is a significant amount of money involved I’d get a Maltese lawyer to look after your interests” still sounds good to me

hudo1968

vaio wrote: »

On the face of it if he was resident in Malta when he died then you are right, but….

“if there is a significant amount of money involved I’d get a Maltese lawyer to look after your interests” still sounds good to me

speaking on behalf of my bro (statman), we will take legal advice, was really just trying to find out if anyone on this lovely site could give us a clue.


Thanks

vaio

hudo1968 wrote: »

speaking on behalf of my bro (statman), we will take legal advice, was really just trying to find out if anyone on this lovely site could give us a clue.


Thanks

good luck with it

danielson81

If you've got a spare hour or ten, it can probably be found here:

http://www2.justice.gov.mt/lom/analytical_index.asp - click English

This one might help: http://docs.justice.gov.mt/lom/legislation/english/leg/vol_6/chapt308.pdf

The British High Commission in Malta, should be able to advise on lawyers.
http://ukinmalta.fco.gov.uk/en/
http://ukinmalta.fco.gov.uk/en/help-for-british-nationals/when-things-go-wrong/if-you-need-lawyer

However, hope you get it sorted.

statman

even some of the english is difficult to understand! That looks like a job for the evening while Big Brother is on.
Thanks for digging it out.