The heirs of a prominent businessman have denied they had taken more than they were entitled to in his will, saying the claims being made against them by their uncle's widow were "ill-founded, frivolous and abusive".

In a counter protest in reply to one filed against them by their aunt, Claire (Lilian) Miceli, and a Sicilian orphanage, to whom Gino Miceli had left most of his estate, six nephews and nieces said they were only expecting to receive what their uncle had left them in his secret will dated April 9, 2005: 5,000 shares in Miceli Holdings Limited, each having a nominal value of Lm1 to every one of them.

The company, which formed part of Mr Miceli's estate, also had shares in Simonds Farsons Cisk and Multigas Ltd.

In the original protest filed last month, Mrs Miceli and the orphanage had claimed that the other heirs had "illegally and abusively" taken millions of euros worth of shares that were in fact bequeathed to her and the orphanage.

In their counter-protest, filed in the First Hall of the Civil Court, the six heirs said Mrs Miceli had shown no interest, as executor of her husband's will, to distribute their inheritance.

In their counter protest, Mark Miceli Farrugia, Erminia Vassallo, Helene Zammit, Marina Hogg, Alberto Miceli Farrugia and Francesca Warr said their aunt's protest was made with "the sole malicious intent to defame the Miceli Farrugia family and taint their integrity".

They explained that Mrs Miceli had married their uncle just 21 months before he passed away in September 2005. In April that year, Mr Miceli had filed a secret will nominating Mrs Miceli as executor.

In her protest, Mrs Miceli said her husband had left each of his nephews and nieces Lm5,000 (€11,600) worth of shares. However, the nephews insist that the will specified that they were to be given 5,000 shares each having a nominal value of Lm1.

They said that, in a meeting between all parties, Mrs Miceli had asked them to purchase the shares but they insisted that all they wanted was to register the shares left to each of them by their uncle's legacy.

The nephews and nieces continued that Mrs Miceli, as testamentary executor, never objected to their claim for the shares, nor to the amount of shares in question, but simply told them that the shares would be registered in their names at the "opportune" moment.

They pointed out that Mrs Miceli had "no qualms" in taking her share of the inheritance after her husband's death. They said that if their uncle wanted to leave each of his nephews and nieces shares having a commercial value of Lm5,000 (€11,600), as their aunt and the orphanage were claiming, "he would have had no difficulty in actually stating it in his will".

They noted that Mrs Miceli and the orphanage were basing their claims on the notary's affidavit, a copy of which they had never been given, rather than on the will itself.

The Miceli Farrugia nephews and nieces also said that, prior to his death, their uncle had changed the company's statute to include a provision that only his nephews and nieces could ever hold shares. These all belonged to the Miceli Farrugia and Stagno D'Alcontres families. So the other legatees, by the surname Bonanno, were not entitled to company shares.

They therefore rejected the claims and insisted that they had acted in accordance with the law and according to their uncle's wishes as stated in his will. They called on their aunt and the Sicilian orphanage to desist from their "unfounded and null" claims.

Lawyer Louis Cassar Pullicino signed the counter protest.

See also: Heirs battle over millions

http://www.timesofmalta.com/articles/view/20100119/local/heirs-battle-over-millions