Best Probate Lawyers in Malta

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IURIS Law Firm

IURIS Law Firm

Valletta, Malta

Founded in 2011
50 people in their team
OUR STORYThe firm was originally set up in 2011 by founding partners Peter Fenech and Simon Galea Testaferrata as IURIS Malta Advocates, with the aim...
Maltese
English
Mifsud & Mifsud Advocates

Mifsud & Mifsud Advocates

Valletta, Malta

Founded in 2007
8 people in their team
Mifsud & Mifsud Advocates is a business law firm, which has competencies in civil and commercial litigation, IP law, property law, immigration...
Maltese
English
Advocates Primei

Advocates Primei

Valletta, Malta

Founded in 2010
50 people in their team
Advocates Primei was established in 2010 and is a Maltese Law Firm based in Valletta, Malta, specialising in Commercial & Corporate Law,...
Maltese
English
Sciberras Advocates

Sciberras Advocates

Birkirkara, Malta

Founded in 2020
10 people in their team
Our StorySciberras Advocates is a boutique legal practice based in Malta composed of an experienced team of lawyers coming from different business...
Maltese
English

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About Probate Law in Malta:

Probate in Malta refers to the legal process of proving and registering the last will and testament of a deceased person. It involves the distribution of the deceased's assets and property according to their wishes or, if there is no will, according to the law. Probate can be a complex and time-consuming process, requiring legal expertise to navigate effectively.

Why You May Need a Lawyer:

You may need a lawyer for probate in Malta if you are facing challenges such as interpreting a will, dealing with estate disputes, or ensuring that the deceased's assets are distributed correctly. A lawyer can provide guidance on legal requirements, assist with paperwork, and represent your interests in court if necessary.

Local Laws Overview:

In Malta, probate laws are governed by the Civil Code and the Probate and Administration of Estates Act. Key aspects include the requirement to apply for a grant of probate or letters of administration, the distribution of assets to beneficiaries, and the payment of debts and taxes. It is important to adhere to these laws to avoid legal issues during the probate process.

Frequently Asked Questions:

1. What is probate and why is it necessary?

Probate is the legal process of proving and registering a deceased person's will. It is necessary to ensure that the deceased's assets are distributed according to their wishes or the law.

2. Do all estates need to go through probate in Malta?

Not all estates in Malta need to go through probate. If the deceased's assets were held jointly with another person or if the estate is below a certain value, probate may not be required.

3. How long does the probate process typically take in Malta?

The probate process in Malta can vary depending on the complexity of the estate and any disputes that may arise. It can take several months to a year or longer to complete.

4. Can I contest a will in Malta?

Yes, you can contest a will in Malta if you believe it is invalid or if you have been unfairly left out of the will. It is advisable to seek legal advice if you wish to contest a will.

5. What are the responsibilities of an executor in Malta?

An executor in Malta is responsible for gathering the deceased's assets, paying debts and taxes, and distributing the remaining assets to beneficiaries according to the will or the law.

6. How are estate taxes handled in Malta?

Estate taxes in Malta are payable on the value of the deceased's estate above a certain threshold. It is important to comply with tax obligations to avoid penalties.

7. Can a foreign will be used for probate in Malta?

A foreign will can be used for probate in Malta, but it may need to be translated and comply with Maltese legal requirements. It is advisable to seek legal advice in such cases.

8. What happens if someone dies without a will in Malta?

If someone dies without a will in Malta, their assets will be distributed according to intestacy laws. It is important to consult with a lawyer to understand how the assets will be divided.

9. How can I find a reputable probate lawyer in Malta?

You can find a reputable probate lawyer in Malta by asking for recommendations, researching online, or contacting legal associations for referrals. It is important to choose a lawyer with experience in probate law.

10. How much does it cost to hire a probate lawyer in Malta?

The cost of hiring a probate lawyer in Malta can vary depending on the complexity of the case and the lawyer's fees. It is advisable to discuss fees and payment terms with the lawyer before engaging their services.

Additional Resources:

For more information on probate in Malta, you can contact the Chamber of Advocates, the Civil Courts, or the Notarial Archives Resource Centre. These organizations can provide guidance on legal processes and resources for probate cases.

Next Steps:

If you require legal assistance for probate in Malta, it is advisable to consult with a probate lawyer who can provide guidance on the legal process, your rights and obligations, and represent your interests in court if necessary. Be sure to gather all relevant documents and information related to the deceased's estate to facilitate the probate process.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.