The Malta Independent 25 April 2024, Thursday
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2nd reading of the succession bill passes through Parliament, with general agreement between PN, PL

Wednesday, 6 May 2015, 19:56 Last update: about 10 years ago

The bill proposing changes to Succession law has passed through Parliament, with both sides seemingly in agreement.

MP Jason Azzopardi said that this proposed law treats situations involving cross-border successions, where for example an Italian has property in France dies in Germany, however was a Maltese residence. So he has Italian citizenship, with immovable property in France and has habitual property in Malta. In that case which country's law applies? There is a conflict of laws and when such a conflict exists, what ruler is used to decide? This bill addresses this situation.

The default position will see that the law of the state where the person in question was a habitual resident apply, if, however, the deceased was "manifestly more closely connected" with another state the law of that other state governs succession.

MP Charles Mangion highlighted that the law only applies to member states and not other states like Australia. He indicated this point due to a certain provision within the bill that would remove a phrase relating to recognition.

Jason Azzopardi highlighted that in general, government has not consulted the opposition prior to proposing laws, "as the PN used to do". He said that four shadow ministers were invited for discussions when government at the time wanted to propose transferring land to NGOs. Yet Minister Owen Bonnici said he was not consulted on laws recently proposed by the Opposition, mentioning the first reading of a bill brought before Parliament tonight as an example..

Justice Minister Bonnici said that on a number of situations, he has heard that the previous government had released a white paper regarding a proposal during the last legislature, and would then see it in the papers today with the Opposition making the proposed bill. As such, the Minister said that he does not know whether these proposed laws by the Opposition were made back then or today. "If they were back then why weren't they implemented?".


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