After the amendments of 2005, the estate of someone who dies intestate that is without a will, will be regulated in the following manner:-
1. If the person who passed away is married and has children: 1/2 of the property devolves onto his wife and the other 1/2 will devolve onto his children (or their descendants) in equal portions;
2. If the deceased is only survived by a spouse: the spouse alone will inherit the deceased;
3. If the deceased is only survived by the children: the children will inherit him in equal portions;
4. If the deceased is not survived by any descendant or a spouse, then: A. The inheritance devolves on the nearest ascendant; B. If both the ascendants and the siblings are alive, 1/2 will be shared by the ascendant(s) while the other 1/2 is shared between the siblings; C. If there are no ascendants but siblings, the siblings divide the inheritance between them; D. If there are no ascendants and no siblings, then the nearest person collateral in whatever line such collateral may be.
Succession between collaterals shall not extend beyond the twelfth degree. Where any persons entitled to succeed do not survive the deceased, the inheritance shall devolve on the Government of Malta.
Regards, Notary Dr.Clara Farrugia Grixti
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