Woman's will declared null after interdiction

A court has annulled a will drawn up in 2009after finding that  the woman making her will had previously been interdicted by court order.

The heirs of the late Carmela Mallia told the court that their mother, who died in February 2010, had been interdicted on April 14 2009 on the grounds that she suffered from senile dementia and had paranoid delusions and severe cognitive impairment.

After her demise it resulted that Mrs Mallia had made her will before a notary on April 22, 2009, after she had been interdicted. The heirs requested the court to declare that this will was null and void.

In the judgment, Mr Justice Mark Chetcuti noted that Mrs Mallia's will had been drawn up after her interdiction and was therefore null and void. While it resulted that a psychiatric certificate had been annexed to the will declaring that Mrs Mallia was capable of exercising her rights at law, Mrs Mallia had already been interdicted by the courts.

The law was very clear on this point and stipulated that a decree of interdiction took effect from the date it was issued. As Mrs Mallia's will had been drawn up after the decree of interdiction was issued, the said will was null and void.