A reader was bequeathed an apartment by title of legacy when he was 16. Since the date of the opening of succession this apartment been in the possession of the deceased's universal heirs.

On attaining his majority, the reader has called upon the heirs to deliver possession of the legacy to him, to no avail. He now would like to enforce his rights according to law.

What is his remedy? Is there any time limit within which the reader can enforce his rights?

First and foremost, the legatee, preferably by judicial letter, must demand of the heirs possession of the apartment bequeathed to him. If they fail to deliver it to him, he is to bring an action in court demanding that he be placed in possession of the apartment.

According to law, since the subject of the legacy is a tenement, the interests on, of the fruits of, the thing bequeathed, shall, even in the absence of a judicial intimation, accrue in favour of the legatee immediately upon the death of the testator.

Furthermore, the thing forming the subject of the legacy shall be presumed to have been bequeathed, and shall be delivered, with its necessary accessories and in the condition in which it shall be on the day of the death of the testator.

The expenses (if any) necessary for the delivery of the legacy shall be charged to the estate, provided that this shall not prejudice the rights of the persons in whose favour the law reserves a portion of the hereditary property.

As regards the second question, section 845 of the Civil Code clearly provides that an action for demanding a legacy lapses within ten years from the day of the opening of succession. Nevertheless, with regard to minors, the action does not lapse except on the expiration of one year from the day on which the minor shall have attained majority.

Send your legal problems, of general public interest, together with your name and address, to: The Lawyer, c/o The Sunday Times, PO Box 328, Valletta CMR 01 (fax: 2124-0806, e-mail: sunday@timesofmalta.com).

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