Court orders independent experts’ division of multi-million Testaferrata estate

A court has ordered the appointment of an independent expert to reach an impartial partition of a complex property estate worth millions in the ongoing Testaferrata Moroni Viani inheritance case.

Judge Mark Simiana rejected a valuation and division plan of the extensive property estate of Baron Pietro Paolo Testaferrata Moroni Viani, in a case that pits his heirs against their own cousins, sisters Agnes Gera de Petri Testaferrata Bonici Ghaxaq, Caren Preziosi and Anna Maria Spiteri Debono.

The plaintiffs – brothers Christopher, Martin, and their cousins Peter Paul, Paul Stephen and Caroline Testaferrata Moroni Viani – are co-owners of several properties of the so-called Primogenituri Testaferrata estate, together with the defendants.

The Primogenituri Testaferrata, administered under the name Testaferrata Moroni Viani Estates, includes lands and buildings in Ta’ Xbiex, Msida, Gzira, Mosta, Paola and Żebbiegħ.

Pietro Paolo Testaferrata Moroni Viani was survived in 1954 by his four children, but died intestate. In 1950, half of his estate was assigned to his eldest son Salvino, when the law of first-born succession was abrogated. On his death without a will, other half of his estate was inherited by all his four children – Salvino, Mario, Beatrice and Maria – each entitled to a one-eighth share (12.5%) of the estate.

The dispute now centres over which parts of the original estate was bequeathed to his successors, with his grandchildren disputing the ownership of several properties.

Specifically, there is a dispute over the part-ownership of Palazzo Testaferrata in Paola, a 20,000sq.m plot of land in Mosta and a villa on the Ta’ Xbiex seafront, all forming part of the original estate, and how these should be divided between the parties.

Salvino’s other siblings have also passed away: in 1999, Baroness Maria was succeeded by the defendants Agnes, Caren and Annamaria, each taking 12.5% of their mother’s €26 million in immovable properties.

Mario died in 2007, survived by children Peter, Paul and Caroline, each inheriting 1/24th of the Primogenituri estate (€20 million).

Salvino died in 2017, survived by sons Christopher and Martin, who own the lion’s share of the original estate (€90 million). The Salvino heirs also inherited a further 1/24th of the original estate after the death of their aunt Beatrice in 2007, and a one-eighth share in the Paola palazzo. Beatrice also bequeathed Mario’s heirs a 1/48th share of the original estate, but designated nieces Agnes, Caren and Annamaria as her universal heirs thereafter.

But there is a disagreement over the apportionment of Beatrice’s share in the estate. In a bid to propose a plan for their division and avoid further fragmentation, the children of the late Salvino and Mario Testaferrata Moroni Viani, engaged an architect to value the estate.

While the plaintiffs claim Gera de Petri refused to consider the division of the estate, the defendant has complained at the “abusive” manner in which the architect’s report proposes the division of the estate, because it puts her and her siblings at a disadvantage.

Gera de Petri said the valuation plan is designed to unfairly benefit the plaintiffs at her expense, and contends the plan mixes properties with distinct origins, involving parties who lack legitimate ownership claims, with some properties listed in the plan already having been legally divided and assigned through prior agreements.

Mr Justice Simiana recognised the defendants’ valid objections and the need for a more impartial evaluation, and declined to adopt the division plan proposed by the plaintiffs’ expert.

The court opted to appoint its own expert to conduct an unbiased assessment of the properties and formulate a fair and legally sound division plan.

The court also acknowledged the existence and legal standing of the “primogeniture” system, which dictates specific inheritance patterns for certain properties. This recognition significantly impacts the division process, as it prioritises male heirs in a specific line of descent for designated properties.

The court clarified the interpretation of the legacies left by Beatrice Testaferrata Moroni Viani, particularly concerning the properties in the bequest which she believed to be part of the primogeniture.

Pending the independent expert’s report, the court suspended its final judgment on the division of the estate.

Land historically owned by the Testaferrata Moroni Viani primogenitura

The plaintiffs’ architect’s report valued the lands owned by the three groups of cousins, at a total of €140 million, the lion’s share owned by the heirs of Baron Salvino Testaferrata Moron Viani.

They include territory in Ta’ Xbiex and Msida, and land known as l-Andrijiet and Fawwara, and land in Gzira: they include the Empire Stadium, various properties in and around Rue d’Argens, Testaferrata Street, Luqa Briffa Street, and pockets of undeveloped land at Ta’ Xbiex (worth €30 million alone);

Palazzo Testaferrata in Paola, Valletta Road, and undeveloped territory at Blata l-Gholja in Mosta; territory at Gnien id-Dwieli at Zebbiegh, Mgarr; a land portion known as ‘Ta’ Pastizz’ or ‘ix-Xatba’ in Gzira; lands ‘Ta’ Forn il-Gir’, ‘Lenza tal-Hamra’ in Gzira, and ‘Balluta’ in Sliema; as well as other properties and territory in Gozo.