How and when does one become an heir?
Last update: 10/7/2012
A person becomes an heir at the moment of death of a deceased person. Unless the heir specifically renounces the inheritance he/she is presumed to have accepted it.
A person is nominated as heir either in a will or else by operation of the law in case of intestate succession
Is it possible to renounce a succession?
It is possible to renounce a succession by filing a declaration with the Court of Voluntary Jurisdiction.
Is it possible to accept a succession subject to conditions?
Maltese law allows an heir to accept an inheritance unconditionally; or else with the benefit of inventory.
Are the heirs and co-heirs liable for the deceased’s debts?
If the heir has accepted the inheritance unconditionally then he/she will be personally liable for all the debts of the estate even if the assets of the estate are insufficient to meet the demands of the estate’s creditors.
If the estate is accepted with the benefit of inventory then the heir will only be liable vis-a-vis the estate’s creditors up to the value of the estate.
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Successions in Malta
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