6 What are the consequences of death?
This depends on whether the predeceased spouse died testate or intestate. The spouses are free to nominate each other universal heirs of their entire estate in a will. In this case, the issue of the deceased spouse may claim the legal portion reserved for them (although this is hardly ever claimed). In case of intestacy, if the deceased leaves issue, the children (or their descendants if they are already deceased at the time of the death of the spouse) receive half of the estate while the other half is devolved to the surviving spouse (Art. 808 para. 1 CC). The surviving spouse also has the right to continue living in his/her principal residence (Art. 633 CC). If the deceased has left no children or other descendants, the surviving spouse is the sole heir (Art. 810 CC).
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Couples in Malta
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