Best Will & Testament Lawyers in Floriana

About Will & Testament Law in Floriana, Malta

A Will is a legal document that details how a person’s assets and property should be distributed after their death. In Floriana, Malta, creating a Will and Testament is an essential aspect of planning for the future and ensuring your wishes are respected. Maltese law provides clear guidelines on how Wills must be written, signed, and executed for them to be valid. Individuals of sound mind and over the age of eighteen can make a Will, which can be either public, secret, or holographic. Having an up-to-date Will helps prevent disputes among heirs and ensures that your estate is managed according to your wishes.

Why You May Need a Lawyer

Though it is possible to draft a Will yourself, engaging a lawyer can provide peace of mind and help avoid costly errors. Common situations where legal assistance is highly advisable include:

• Having complex family situations, such as previous marriages or children from different relationships.
• Owning assets or property in multiple countries, which may create cross-border inheritance issues.
• Wishing to exclude someone who would otherwise inherit by law, such as a child or spouse.
• Including specific conditions or trusts within your Will.
• Ensuring your Will is valid under Maltese law and will hold up if contested.
• Updating an existing Will due to changed circumstances, such as remarriage, the birth of children, or significant changes in assets.

A qualified lawyer in Floriana can guide you through the process, provide tailored legal advice, prepare the necessary documents, and help execute your Will properly.

Local Laws Overview

The law governing Wills and Testaments in Malta is based on the Civil Code. Some key aspects specific to Floriana and the wider Maltese jurisdiction include:

• Types of Wills: The main types are public Wills (prepared by a notary in the presence of witnesses), secret Wills (sealed and deposited with a notary), and holographic Wills (handwritten by the testator).
• Forced Heirship: Maltese law reserves a part of the deceased’s estate for close relatives, such as children, who have a legal right to a portion regardless of the content of the Will.
• Registration: Wills, especially public and secret Wills, must be registered with the Public Registry for them to take legal effect after death.
• Capacity and Validity: The testator must be of sound mind and at least eighteen years old. There are witnessing and signing requirements as per the Civil Code.
• Revocation and Updating: Wills can be revoked or changed at any time, provided the testator remains of sound mind and fulfills legal formalities.

It is essential to understand these regulations as they directly impact how estates are handled and distributed in Floriana and across Malta.

Frequently Asked Questions

What is a public Will in Malta?

A public Will is prepared by a notary in the presence of two witnesses. It is the most common form of Will in Malta due to its legal strength and formal recognition. The notary submits it to the Public Registry.

Who can make a Will in Floriana, Malta?

Anyone aged eighteen or over and of sound mind is eligible to make a Will in Malta, including residents and citizens.

Can I exclude a spouse or child from my Will?

Maltese law includes forced heirship provisions, meaning certain heirs such as spouses and children are entitled by law to a reserved portion of the estate. You cannot disinherit these heirs except in very specific circumstances.

How do I update or revoke an existing Will?

A Will can be updated by creating a new one that explicitly revokes any prior Wills or through a codicil (amendment). It is advisable to work with a notary or lawyer to ensure the changes are legally valid.

Is my handwritten Will valid in Malta?

Holographic (handwritten) Wills are recognized but must meet strict requirements regarding the writing, signing, and dating by the testator. Such Wills can be more vulnerable to legal challenges.

What happens if I die without a Will?

If you die intestate (without a Will), your estate will be distributed according to Maltese succession law, prioritizing spouse, children, parents, and other close relatives.

What are the costs involved in making a Will in Floriana?

Costs vary depending on the complexity of your estate and the type of Will. Generally, working with a notary or lawyer entails professional fees, which should be clarified in advance.

Can a foreign Will be recognized in Malta?

Foreign Wills can be recognized, but they must comply with Maltese conflict of laws and succession rules. Legal advice is strongly recommended if you have assets both in Malta and abroad.

How can I ensure my Will is safe and accessible?

Public and secret Wills in Malta are typically deposited with a notary and registered with the Public Registry, ensuring they can be located and executed after your death. You should inform trusted individuals about the Will's existence.

Do I need witnesses for my Will?

Yes, public Wills require two witnesses. Holographic Wills do not require witnesses at the time of writing, but witnesses may be needed for verification during probate.

Additional Resources

For more information and assistance regarding Wills and Testaments in Floriana, Malta, consider reaching out to the following:

• Public Registry Office in Malta
• Chamber of Advocates Malta
• Maltese Notarial Council
• Office of the Notary to Government
• Civil Law Department, Faculty of Laws, University of Malta
• Family Court Services (for queries on inheritance or succession issues)

Many of these organizations offer information sessions or guidance to individuals considering estate planning.

Next Steps

If you are considering making or updating your Will in Floriana, Malta, start by reflecting on your assets and your wishes. Gather documentation such as property deeds, bank statements, and family records. Consult a qualified lawyer or notary to ensure your Will meets all legal requirements and accurately reflects your intentions. Arrange an appointment for legal advice, draft your Will, and discuss the best way to store and register it. Regularly review and update your Will as your personal and financial situation changes. Seeking professional help ensures peace of mind for you and your loved ones.