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Trust Quarterly Review

Forced Heirship in Foundations and Trusts - A review of Malta's approach

Dr Max Ganado, December 2011

Dr Max Ganado TEP is a Partner at Ganado & Associates (Advocates) in Malta, and was entrusted in 2000 with the drafting of the amendments to the Maltese Trusts Act, the Maltese Civil Code and other laws needing consequential changes.

Summary:

The clash between a person’s right at law to settle property into trust or endow property to foundations, as a legitimate manifestation of their rights as owner, and the effects of forced heirship rules on this right (or freedom) in a given country is a matter which raises much debate in legal circles.

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