Issue link: https://maltatoday.uberflip.com/i/1365202
maltatoday | SUNDAY • 25 APRIL 2021 15 THE law provides that the widow of a divorced husband is entitled to receive her full share of the re- served portion. This was held in a judgement in the names of Clau- dette Camilleri -v- Christopher u Sven ahwa Camilleri et, decided on 22 April 2021 by the First Hall of the Civil Court presided over by Madame Justice Joanne Vella Cuschieri. The Plaintiff, Claudette Camill- eri explained to the Court in her sworn application that her hus- band Charles Camilleri was sep- arated from his previous wife in 2004. He had two children from his previous marriage, the De- fendants, Christopher and Sven Camilleri. In the separation con- tract, both agreed that they are not to inherit each other, but Charles Camilleri did not register a new will, after he had done a unica carta with his previous wife. The Plain- tiff and Charles Camilleri had a 13 year relationship before getting married, but he died 6 months af- ter. She accused the children of liq- uidating their father's investment and were to sell some immovable property. The Plaintiff claimed that she is entitled to a reserved portion in terms Article 631 of the Civil Code and asked the Court to preserve Charles Camilleri's estate and order the Defendants to give her the reserved portion, as pre- scribed by law. The Defendant filed a statement of defence and argued that they never denied that the Plaintiff has a share of the estate by allowing her to purchase 1/3 of a property owned by the Housing Authority, since the Authority did not ac- cept her to purchase the property in full. She refused to vacate the property in B'Kara. The Court held that the reserved portion is regulated by Articles 615 and 631 of the Civil Code. Ar- ticle 615 reads: "615.(1) The reserved portion is the right on the estate of the de- ceased reserved by law in favour of the descendants and the surviving spouse of the deceased. (2) The said right is a credit of the value of the reserved portion against the estate of the deceased. Interest at the rate established in article 1139 shall accrue to such credit from the date of the opening of succession if the reserved por- tion is claimed within two years from such date, or from the date of service of a judicial act if the claim is made after the expiration of the said period of two years: Provided that the Court may, if the circumstances of the case so require, decide not to award any interest or establish a rate of inter- est which is lower than that stipu- lated in article 1139" Article 631 states the surviving spouse has a right to be assigned ¼ of the estate if there are children of the deceased. The Court referred to a previ- ous judgment Joseph Portelli et -v- Rita Portelli decided on 15 April 2004 that the value of the estate is calculated at the time of the opening of the will. The debts have to be factored in and any as- sets which were donated by the deceased. In the judgement the court calculated all these factors and listed all the assets and liabili- ties of the estate. As to the Plaintiff request for interest on her reserved portion, the Court pointed out that Arti- cle 615(2) dictates that interest must be requested within two years from the opening of the will. The Court could give a lower per- centage of interest is it deems it correct. The Plaintiff had filed a judicial letter in 2015 and a year later filed this action, meaning the action was done within 2 years. The evidence also showed that there was correspondence with the Housing Authority in order to find an amicable solution and therefore, the Court did not see it necessary to add interest, when the Defendant offered the Plaintiff 1/3 of the apartment. The Defend- ants in fact presented copies of letters to he Housing Authority showing that they had no objec- tion for the Plaintiff to purchase 1/3 of this apartment. The Court then moved award the Plaintiff €19,868.43 as her reserved portion of her late hus- band's estate. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Second wife of a few months is entitled to reserved portion after the death of the husband HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnif- icent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commer- cial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE QAWRA – Calling all developers this is an ideal development opportunity. Presently a 3 bedroomed penthouse with own air- space on the outskirts of Qawra close to Kennedy Grove, not far from the new primary school and main bus routes. Two double bedrooms and 1 single bedroom, two bathrooms, lift, double glazing doors and windows. With the option to build up a further 3 floors. Offers in the region of €310k. Once developed these apartments would be a strategic rental investment or resale opportunity. Kindly message owner on 99201846. NO AGENTS. SAN GWANN - Close to all amenities and located in the commercial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor hav- ing a front terrace overlooking the main street and the back balcony with country views. Although the property is currently being used as offices, there is the possibil- ity of converting to two apartments and a penthouse with terrace. The property is being offered freehold. Asking price: €760,000. Call on:79899838. SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; dou- ble glazed windows; inverter air condition- ers including solar water heater. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT ACCOUNTS ASSISTANT – this position has become available at a local shipping company. Applicant must have a Diploma in Accounts or A level standard. A very good command of English and communi- cations skills are essential, computer litera- cy is compulsory (proficiency is MS word, excel and outlook), ability to correspond and communicate independently with cli- ents. Work experience in accounts will be an added advantage. Salary commensurate with experience. Interested persons over the age of 23 are to send CV by email to Mazzo@valfreightmalta.com CONCRETE SHUTTERER - Danzah Limited is looking to employ individuals as Concrete Shutterer. The ideal candi- date should be in possession of appro- priate qualifications or equivalent, in lieu of a minimum of 3 years experience as a Concrete Shutterer is a must. The Concrete Shutterer will prepare wooden beans and shuttering for concrete pour- ing and dismantling. You will also assist the foreman and you must be a team play- er. Remuneration package starts at €1000 gross monthly. Email a CV on zahra28zah- ra28@gmail.com DELIVERY/DISPATCH DRIVERS – a vacancy has arisen for trustworthy and polite individual to fill the full-time/part time position of delivery driver. EU/TCN Candidates are welcome to apply but must be residing in Malta. Salary for full time is between €800 - €1500 per month and part time €300 - €500 per month. Appointments scheduled every day after 4 pm. Email us on: smartdesign.mt@gmail.com DOG GROOMER - Philip Fiteni is seeking a DOG GROOMER for immediate, full time employment at a new dog grooming salon in Zebbug (Malta). The ideal can- didate must have a minimum of one year experience working in a similar environ- ment, together with recognised, formal qualifications. Chosen candidate must be skilled and qualified to work on long and short coat dogs. Duties of the chosen can- didate will include taking bookings from clients, and general shop duties (always under the employer's supervision). Salary offered: €800 per month. Interested candi- dates are to send their cv to fiteniphilip@ gmail.com by not later than 30th April 2021. FACTORY OPERATIVES - Rimus Riley Ltd are recruiting full time factory oper- atives. A number of people are urgently required to work on the Biscuit and Snack production lines. Applicants must be over 20 years old and be able to read instruc- tions in English. Gross wage €795 per month. Please send your CV to: adminrrl@ rimus.com.mt FULL-TIME TILER/ TILE LAYER – we require the services of a Full-Time Tiler/ Tile Layer. Main roles and responsibili- ties include but not limited to covering of floor areas with a variety of tile materials; and the setting and constructing of tiles to walls, floors and other surfaces; assembling of tiles or other materials and laying of the same on floors/walls according to design and specifications; preparation of wall are- as for covering with tiles or other materials for decorative purposes, and for other pur- poses; and floor repairing where necessary. Salary ranges from €967.50 to €1,200 per month. Experience of not less than seven (7) years in the industry is a must. Contact Julian Tanti on 77279736 GYPSUM INSTALLER - required full time to work 6 days a week on a minimum wage. Experience required, must speak fluent english. Interested? Call Danijel 77620902. INDIAN CHEF – Bombay Masala located in Bugibba require a full-time (weekends and public holidays included) chef spe- cializing in chaats and Indian street food, applicant must have a minimum 3 years of experience in Indian chaats and street food. Duties and responsibilities include the preparation of the menu for chats and snacks and to coordinate with head chef. To make recommendations and to intro- duce other chaats to our menu to feel the authenticity for our patrons. €5 euros per hour. Email your CV on: chef_kripal@ hotmail.com OZOMALTA Ltd – we are seeking to recruit individuals to work at as: alu- minium façade masters, food & bever- age attendants, housekeeping attendants and labourers. We also require carers that hold the certificate of care worker – MQR Level 3 and drivers who hold a driving licence category A1, B, C or C1 and a valid CPC certificate. All the vacancies require the applicant to speak/write fluently in English. To apply send a detailed CV to careers@ozogroup.com SHIPPING EXECUTIVE - this position has become available at a local shipping company. The ideal candidate should be proficient in basic mathematics, organised and have good time management skills, good knowledge of imports and exports procedures, computer literacy is compul- sory (proficiency is MS word, excel and outlook) and the ability to correspond and communicate independently with cli- ents. Work experience in the shipping and logistics is a must. You are also required to have a very good command of English and communications skills are essential. Salary commensurate with experience. Interested persons over the age of 23 are to send CV by email to Mazzo@valfreightmalta.com SPA THERAPIST - Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years' experi- ence in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. VACANCIES - HR Plus requires labour- ers, cleaners, waiters, kitchen hands, driv- ers, plasterers, shop assistants, steel fixers, securities and carers. All vacancies are on a full-time basis, job entails being compe- tent and responsible. Lower secondary lev- el of education is required and availability to work on weekends and public holidays. Interested parties are to apply by sending their CV to email: info@hrplusmalta.com WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and post- ed envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates