Best Estate Planning Lawyers in Swieqi

About Estate Planning Law in Swieqi, Malta

Estate planning in Swieqi, Malta involves arranging how your assets will be managed during your lifetime if you become unable to act, and how they will be distributed on death. Malta is a civil law jurisdiction, and the core rules on succession and wills are found in the Civil Code, complemented by specific tax and registration laws. In practice, notaries play a central role in preparing and registering wills and succession deeds, while lawyers advise on strategy, cross-border issues, trusts and foundations, family business succession, and disputes. Because Swieqi attracts both Maltese families and foreign residents, local estate planning often combines Maltese rules with international considerations, including the EU Succession Regulation for cross-border estates.

In Malta, wills are typically made before a Notary Public and two witnesses. There are clear procedures for dealing with estates whether there is a will or not, and there are administrative and tax steps to complete before heirs can freely deal with inherited assets. Malta does not levy inheritance tax, but stamp duty may be payable on certain transfers on death. With careful planning, you can protect family members, manage business continuity, and reduce delays and costs.

Why You May Need a Lawyer

You may benefit from legal advice if you own immovable property in Malta, have family members in different countries, or hold assets in more than one jurisdiction. A lawyer can help you choose the most suitable form of will, coordinate with a notary, and structure your estate plan to reflect your wishes while complying with Maltese law. Legal guidance is especially useful when setting up a trust or foundation, planning for incapacity through mandates or advance directives, addressing blended family and second marriage situations, or ring-fencing a family business for succession.

People frequently seek help to apply the EU Succession Regulation to choose the law of their nationality, to interpret how matrimonial property rules affect what can be left by will, and to understand tax and stamp duty implications. After a death, a lawyer can guide heirs through the causa mortis process, liaise with the Commissioner for Revenue on valuations and stamp duty, obtain court authorizations where minors or vulnerable persons are involved, and resolve disputes among heirs.

Local Laws Overview

Wills and forms: The standard Maltese will is a public will received by a Notary Public in the presence of two witnesses, read aloud, and signed. A secret will is also possible if strict formalities are followed, including deposit with a notary. Informal handwritten wills are not generally recognized unless they comply with the formal requirements of a valid secret will. Wills are recorded in the notarial system and relevant notices are registered so they can be found and published after death.

Intestacy: If there is no valid will, the Civil Code sets out who inherits and in what shares. The order of relatives includes descendants, spouses, ascendants, and collaterals, with detailed rules that a lawyer can explain for your family situation. If spouses were married under a community of acquests regime, only the deceased’s share of the community forms part of the estate, while the surviving spouse retains their own share.

Freedom to dispose: Maltese law allows broad freedom to dispose of property by will, subject to rights that may arise for a surviving spouse and children and subject to matrimonial property rules. You can only dispose of assets that belong to you, so understanding your marital property regime is important. Couples in Malta can be married under community of acquests by default, or opt for separation of estates or community of residue under separate administration by contract.

Cross-border estates: The EU Succession Regulation applies in Malta. As a general rule, the law of the deceased’s habitual residence at death governs the entire succession, unless the person chose the law of their nationality in a will. This can be a powerful planning tool for foreign nationals living in Swieqi. Separate private international law rules may still apply for immovable property outside the EU, so coordinated advice is important when assets are spread across countries.

Taxes and stamp duty: Malta does not impose inheritance tax. However, causa mortis transfers of Maltese immovable property and marketable securities are generally subject to stamp duty, typically at 5 percent on Maltese immovable property and 2 percent on marketable securities, subject to exemptions, valuations, and anti-avoidance rules. Reliefs may be available, including for the transfer of a family home to close relatives under conditions set by law. Duty is assessed on market value as determined or agreed with the Commissioner for Revenue. Time limits to file causa mortis declarations and pay duty are strict, typically within months of death.

Trusts and foundations: Malta recognizes trusts under the Trusts and Trustees Act and foundations under the Civil Code. These vehicles can be used for succession planning, asset protection, and charitable purposes. Professional trustees must be licensed by the Malta Financial Services Authority. Foundations are legal persons that can hold and manage assets according to a statute, often used for long term family planning.

Incapacity planning: Besides wills, Malta allows a mandate in case of incapacity to appoint someone to manage your affairs if you become unable to act. Advance directives for health care and the appointment of a health care proxy are also recognized, allowing you to express medical and care preferences. Registration is available through the competent authorities so that directives are accessible when needed.

Administration process: After death, a notary typically searches for any registered will, publishes it if needed, and prepares the necessary deeds to transfer assets to heirs. For Maltese immovable property and shares, heirs will usually sign causa mortis and partition deeds before a notary, and stamp duty must be addressed first. Court involvement may be required to appoint curators for minors or persons under disability, to approve sales, or to resolve disputes. Banks and financial institutions will release funds upon production of the appropriate notarial and tax documentation.

Business and company interests: Shares in Maltese companies and interests in partnerships can be transmitted to heirs, subject to company statutes, shareholder agreements, and stamp duty rules. Business succession plans often combine shareholder agreements, wills, and sometimes trusts or foundations to ensure continuity and governance.

Language and documentation: Maltese and English are official languages. Many legal documents can be prepared in English. Foreign documents may need legalization or apostille and sworn translations for use in Malta.

Frequently Asked Questions

How do I make a valid will in Malta?

The most common way is to execute a public will before a Notary Public in the presence of two competent witnesses. The notary drafts the will, reads it aloud, ensures you understand and approve it, and then it is signed and registered. A secret will is possible if formalities are observed. Informal handwritten wills are not generally valid unless they meet strict legal requirements.

Do I need a Maltese lawyer or only a notary to prepare a will?

A notary is essential to receive and register the will. A lawyer is recommended for planning strategy, cross border issues, trusts and foundations, family business succession, and to ensure your will aligns with your marital property regime and any international choices of law you wish to make.

Can I choose the law of my nationality to apply to my estate?

Yes. Under the EU Succession Regulation, a person may choose in their will the law of their nationality to govern their entire estate. This is often used by foreign nationals living in Swieqi to avoid uncertainty. The choice must be made expressly and should be structured by a lawyer to work smoothly with your assets.

What happens if I die without a will in Malta?

The Civil Code intestacy rules determine heirs and shares. Typically, descendants inherit first, with specific rights for a surviving spouse. If there are no descendants, other relatives inherit according to the order set by law. The process still requires a notary and compliance with stamp duty and registration steps.

Is there inheritance tax in Malta?

No. Malta does not levy inheritance tax. However, causa mortis transfers of Maltese immovable property are generally subject to stamp duty at about 5 percent on market value, and marketable securities are generally subject to 2 percent, subject to exemptions and conditions. Duty rates and reliefs can change, so always verify the current rules.

How long does it take to settle an estate in Malta?

Simple estates with a clear will and cooperative heirs can be settled in a few months, especially if there is no real estate or if valuations are straightforward. Estates involving multiple properties, cross border assets, minors, or disputes can take longer. Filing deadlines for causa mortis duty are strict, so early action is important.

Can I use a will made abroad for my Maltese assets?

Often yes, provided the foreign will is valid under the law governing its form and content, and provided it can be recognized and enforced in Malta. You may need an apostille or legalization and a sworn translation. Many people maintain a Maltese will for Maltese assets to simplify administration.

Do I need to appoint an executor in Malta?

You may appoint an executor in your will to administer your estate according to your instructions, but it is not always required. Where there is no executor, heirs typically administer the estate with a notary. An executor can be helpful for complex or multi jurisdictional estates.

What estate planning tools exist besides a will?

Common tools include lifetime gifts, trusts, private foundations, shareholder agreements for family companies, mandates in case of incapacity, and advance health care directives and proxies. The right combination depends on your goals, family situation, and asset profile.

How are family homes and jointly owned property handled?

Where spouses own property jointly or are married under a community of acquests, only the deceased’s share forms part of the estate. The surviving spouse retains their own share. Certain stamp duty reliefs may apply to transfers of a family home to close relatives, subject to statutory conditions and residence tests.

Additional Resources

Commissioner for Revenue Malta - for causa mortis declarations, stamp duty assessments, valuations, and payment procedures.

Public Registry and Notarial Archives - for the registration and publication of wills and public deeds, and searches for wills after death.

Civil Court Voluntary Jurisdiction Section - for appointments of curators or other authorizations required in estate administration, especially where minors or vulnerable persons are involved.

Council of the Notarial Profession and Notarial Archives - for guidance on finding a Notary Public in Malta and understanding notarial procedures.

Malta Chamber of Advocates - for referrals to lawyers experienced in succession, trusts, and estate disputes.

Malta Financial Services Authority - for information on licensed trustees and guidance on trusts and foundations.

Office responsible for Advance Health Care Directives and Patient Rights - for registering advance directives and appointing a health care proxy.

Next Steps

Clarify your goals and list your assets, including Maltese property, bank accounts, company shares, digital assets, and any foreign property. Note how you own each asset and any loans or guarantees. Identify your intended beneficiaries and any persons who may need special protection, such as minors or dependants.

Consult a local lawyer in Swieqi or nearby who focuses on succession and cross border planning. Ask about the EU Succession Regulation, choice of law options, matrimonial property effects, and the expected stamp duty and timelines for your estate. If you own Maltese property, engage a notary early to discuss the will format and future causa mortis steps.

Put in place core documents: a Maltese will coordinating with any foreign will, a mandate in case of incapacity, and an advance health care directive and proxy if desired. For business owners, update shareholder agreements and consider a trust or foundation if appropriate. Make sure beneficiaries and executors know where documents are kept.

Review and update your plan after major life events such as marriage, separation, birth of a child, relocation, or a significant asset purchase or sale. Keep records and valuations current to ease administration and reduce delays. When in doubt, seek professional advice early to avoid unintended consequences.