Best Probate Lawyers in Swieqi

About Probate Law in Swieqi, Malta

In Malta, including Swieqi, what many English speakers call probate is handled through succession and causa mortis procedures rather than a single court probate process. When a person dies, their will, if any, is traced and published by a notary public, heirs are identified, assets and liabilities are inventoried, and transfers to heirs are formalized through notarial deeds and registrations. Certain authorisations and disputes are handled by the Civil Court Voluntary Jurisdiction Section, but a great deal of the work is documentary and notarial. Residents of Swieqi follow the same national Maltese rules that apply across the islands.

If the deceased left a valid will, the will is located via a will search at the Public Registry and then published. If there is no will, the estate devolves according to intestate succession rules set out in the Civil Code. Heirs must consider issues such as forced heirship, marital property regimes, existing debts, stamp duty on causa mortis transfers, and registration of property. A Maltese notary and, where needed, an advocate guide the family through these steps.

Why You May Need a Lawyer

Legal help can save time, cost, and stress in several common situations. If you need to locate and publish a Maltese will, a notary handles the search and publication. If there is no will, an advocate can explain intestate rules and rights among relatives. Where the estate includes Maltese immovable property, a notary prepares the causa mortis deed, calculates duty, and registers transfers. If there are minors, vulnerable heirs, or heirs who are abroad or cannot be found, court applications may be needed for curators or approvals, and an advocate prepares these. If you believe a will is invalid because of capacity, undue influence, or defects in form, you will need legal representation to contest or defend it.

Cross-border cases are common in Swieqi. If the deceased lived in Malta but held foreign assets, or lived abroad but owned Maltese property, a lawyer can advise on the EU Succession Regulation, choice of law clauses in wills, recognition of foreign documents, and the use of a European Certificate of Succession. Banks, the Central Securities Depository, and the Land Registry have detailed requirements for releasing assets or registering transfers, so a practitioner helps assemble the correct certificates, translations, and official seals to prevent delays.

Local Laws Overview

Maltese succession is governed primarily by the Civil Code and the Duty on Documents and Transfers rules. Wills in Malta are typically public wills executed before a notary and two witnesses or secret wills deposited with a notary during life and opened after death with court authorisation. After death, the will is published and registered, and a will search certificate is requested from the Public Registry to confirm the latest testament.

Forced heirship applies in Malta. The law reserves a portion of the estate for certain close relatives, especially descendants, and in some cases ascendants and the surviving spouse. This limits how much of the estate can be disposed of freely. The exact reserved shares depend on family composition, so individual advice is important before distributing assets or accepting an inheritance.

Heirs inherit both assets and liabilities. The law allows acceptance with the benefit of inventory, which can limit an heir’s liability for debts to the value of the estate, provided strict procedures and timelines are respected. If the deceased was married, the community of acquests regime may apply, in which property acquired during marriage is first divided between spouses before succession shares are calculated. If the couple had a separation of estates regime, different rules apply.

Duties are payable on causa mortis transfers. While Malta does not levy a separate inheritance tax, stamp duty is generally due on transfers of immovable property and on marketable securities passing because of death. Reliefs and reduced rates exist in specific situations, such as for a primary residence up to a threshold or between certain family members. Declarations and payments are time sensitive and late filings can attract interest or penalties. The Commissioner for Revenue assesses and issues receipts needed by banks and registries.

Real estate must be transferred by a notarial causa mortis deed and then registered in the Public Registry and, where applicable, the Land Registry. Shares and listed securities require notifications to the Central Securities Depository. Bank accounts typically remain frozen until the institution receives the published will or intestacy documents, proof of heirs, and evidence that duty issues have been cleared. Non-contentious matters like opening a secret will, appointing curators for absent or minor heirs, or approving certain transactions involving minors go to the Civil Court Voluntary Jurisdiction Section.

For deaths after 17 August 2015 with a cross-border element, the EU Succession Regulation generally applies. As a rule, the law of the deceased’s habitual residence governs the whole estate unless the deceased validly chose the law of their nationality. A European Certificate of Succession can be requested to prove heirship across EU member states, including Malta.

Frequently Asked Questions

What does probate mean in Malta and how is it different from common law countries

In Malta there is no single probate proceeding like in some common law systems. Instead, a notary locates and publishes any will, prepares the causa mortis documentation, and registers transfers. The court is involved only for specific authorisations or if a dispute arises. The process is largely documentary and notarial.

How do I find out if the deceased left a will

A notary requests a will search certificate from the Public Registry of Malta and, when relevant, the Gozo Public Registry. This certificate indicates whether there is a registered will and identifies the notary who holds it. The notary then arranges publication.

Do I need to go to court to administer an estate

Not necessarily. Many estates are completed without a court case. You will need the Civil Court Voluntary Jurisdiction Section only for specific matters, such as opening a secret will, appointing a curator for a minor or absent heir, approving a sale involving a minor’s share, or if there is a challenge to the will.

What documents are typically needed to start

Expect to provide the death certificate, identification documents of the deceased and heirs, marriage certificate where relevant, the will search certificate, the published will if any, property plans and searches, bank and investment statements, loan and mortgage details, vehicle documents, and any foreign documents with apostille and certified translations as required.

Is there inheritance tax in Malta

Malta does not charge a separate inheritance tax, but stamp duty is generally payable on causa mortis transfers of immovable property and marketable securities. Rates and exemptions vary. Duty assessments and receipts from the Commissioner for Revenue are often required by banks and registries before assets can be released or registered.

What happens if there is no will

If there is no will, intestate succession rules in the Civil Code determine who inherits and in what shares. A notary prepares a declaration of heirs and arranges the necessary deeds and registrations. Forced heirship rules still protect certain relatives even under a will, so the resulting shares can be similar in practice.

Can I refuse an inheritance or limit my liability for the deceased’s debts

Yes. Maltese law allows renunciation of inheritance and acceptance with the benefit of inventory. Acceptance with the benefit of inventory can limit your liability for debts to the value of the estate, but strict forms and timelines apply, so get legal advice quickly after death.

How long does the process take

Simple estates with a clear will and few assets can often be wrapped up in 2 to 6 months. Estates with real estate, complex family situations, cross-border issues, or disputes can take 6 to 18 months or more. Duty assessments, bank procedures, and Land Registry steps affect timing.

How are foreign wills and foreign assets treated

Foreign wills can be recognised in Malta if they meet applicable conflict-of-law rules and formalities. For cross-border estates within the EU, the EU Succession Regulation often applies, and a European Certificate of Succession can help. Foreign documents usually need apostilles and certified translations. Maltese immovable property is transferred under Maltese notarial procedures regardless of the governing law of the succession.

What if an heir is a minor or cannot be located

The court can appoint a curator to represent minors or absent heirs. Transactions affecting a minor’s share, such as a sale or partition, often require prior court approval to protect the minor’s interests. An advocate prepares and files the necessary applications.

Additional Resources

Public Registry of Malta for will registrations and certificates.

Gozo Public Registry for wills and acts registered in Gozo.

Civil Court Voluntary Jurisdiction Section for non-contentious applications related to succession, curators, and authorisations.

Commissioner for Revenue Capital Transfer Duty Department for duty assessments and receipts on causa mortis transfers.

Land Registry Malta and Public Registry Malta for registration of deeds and title updates to immovable property.

Central Securities Depository at the Malta Stock Exchange for transfer of listed shares and securities held in Malta.

Notarial Council of Malta for information about notaries and notarial practice.

Chamber of Advocates Malta for information about advocates and legal representation.

Legal Aid Malta Agency for information on means-tested legal assistance where eligible.

Swieqi Local Council for general local administrative guidance and contacts, noting that succession matters are handled at national level.

Next Steps

Start by gathering key documents. Obtain the death certificate, identification documents for the deceased and the likely heirs, and any marriage or birth certificates needed to establish the family tree. Engage a Maltese notary promptly to conduct a will search at the Public Registry and to publish any will that exists. If there is no will, the notary can prepare a declaration of heirs and advise on intestate shares.

Ask the notary or an advocate to map the estate. List immovable property, bank accounts, marketable securities, vehicles, business interests, and personal valuables, as well as any loans, taxes, or other liabilities. If any heir wishes to accept with the benefit of inventory or to renounce, obtain immediate legal advice to meet deadlines and formalities.

Plan for duty and registrations early. The notary will liaise with the Commissioner for Revenue to assess and settle stamp duty on causa mortis transfers, and will register deeds at the Public Registry and, where applicable, the Land Registry. Provide valuations and supporting documents promptly to avoid delays or penalties. Banks and the Central Securities Depository will typically require proof of published will or declaration of heirs and evidence of duty clearance before releasing funds or recording transfers.

Address special issues. If minors or absent heirs are involved, coordinate with an advocate to obtain court appointments or approvals. For cross-border estates, confirm the applicable law under the EU Succession Regulation and whether a European Certificate of Succession will assist. Arrange apostilles and certified translations for foreign documents as early as possible.

Keep clear records. Maintain copies of the will search certificate, the published will, notarial deeds, duty assessments and receipts, bank correspondence, and registration confirmations. These will be needed for finalising distributions, tax compliance, and any future property transactions.

If you are in Swieqi, consider engaging a notary and advocate familiar with local property areas and the practical requirements of Maltese banks and registries. An early consultation can prevent avoidable delays and ensure that you respect forced heirship rules, duty deadlines, and the rights of all heirs.

This guide provides general information only. For advice tailored to your situation, consult a licensed notary or advocate in Malta.