Will declared null and void

A court yesterday annulled a will drawn up in 2009 on the grounds that the woman making it 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 was discovered 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.

The case was filed by Rosario known as Louis Mallia, Rita Sant, Pauline Bonnici, Joseph Mallia against John Mallia, Carmela Rosaria known as Carrie Mallia, Mariella Deguara Bonnici, Dr Jean Deguara, Dr Maria Deguara, Emanuel Mallia and George Mallia.

In yesterday’s judgment, Mr Justice Mark Chetcuti noted that, while a psychiatric certificate had been annexed to the will declaring that Mrs Mallia was capable of exercising her rights at law, she 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, it was null and void.