A Reader has been bequeathed, by title of legacy, an immovable property. He intends to obtain possession of this property and would like to know the manner in which he is to proceed against the deceased's heirs who are giving him problems in releasing the property.

First and foremost, Reader should try to obtain possession of the premises from the heirs by approaching them and showing them that he is in fact entitled to this property.

If the heirs still refuse and fail to deliver the legacy to the Reader, then it would be advisable for him to file a judicial letter against these heirs demanding possession of the thing bequeathed to him by title of legacy. If the heirs, still fail to abide by the Reader's demands, then he would have no other alternative but to institute legal proceedings.

According to law, the thing that forms the subject of the legacy shall be presumed to have been bequeathed, and shall be delivered, with all its necessary accessories and in the condition in which it shall be on the day of the death of the testator. Thus, the Reader must ensure that, nothing has changed in the thing so bequeathed from the date of the death of the testator to that date when the legacy is actually delivered to him.

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

The action for the Reader to demand the legacy shall lapse on the expiration of ten years from the day of the opening of the succession.

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).