Best Will & Testament Lawyers in Mosta

About Will & Testament Law in Mosta, Malta

A Will and Testament, commonly referred to simply as a "will," is a legal document that sets out how a person's assets and possessions, known as their estate, are to be distributed after they pass away. In Mosta, Malta, the law governing wills forms part of the broader Maltese legal system, which ensures that an individual's final wishes regarding their estate are respected and legally enforced. Mosta, being one of Malta's largest towns, follows the same legal framework for wills as the rest of the country, with notarial and court systems in place to assist residents in drafting, storing, and executing wills properly.

Why You May Need a Lawyer

People seek the advice of a lawyer when dealing with wills and testaments for several reasons. Common situations include:

• Ensuring that a will is valid and complies with Maltese legal requirements
• Guidance on minimizing inheritance tax or planning estate structures
• Addressing complex family situations, such as blended families or estranged relatives
• Drafting specific provisions for minors, dependents, or charitable donations
• Assistance in appointing executors and trustees
• Dispute resolution if someone contests a will
• Understanding the rights of spouses, children, and other beneficiaries under Maltese law

A lawyer provides peace of mind that your final wishes will be clear, enforceable, and protected against legal challenges.

Local Laws Overview

Maltese law, including in Mosta, governs the making, execution, and validity of wills under the Civil Code (Chapter 16 of the Laws of Malta). Some key points to understand include:

• Types of Wills: The most common are the public will (notarial will) and the secret will. Public wills are drafted by a notary in the presence of witnesses. Secret wills are written by the testator and deposited with a notary in a sealed envelope.
• Testamentary Freedom: While Maltese law allows a person to dispose of their assets freely, there are restrictions called "reserved portions" or "legittima," which guarantee a share of the estate to certain close family members, such as children and spouses.
• Formalities: Wills must meet formal requirements to be valid. These include the involvement of a notary public, witnesses, and specific language requirements.
• Intestate Succession: If a person dies without a valid will, the estate is distributed according to the law’s rules of intestacy, which may not reflect the deceased's wishes.
• Registration: Notarial wills are registered with the Public Registry or other relevant authorities, ensuring proper record-keeping and validity.
• Revocation and Amendments: Wills can be updated or revoked at any time before death, as long as the testator has the legal capacity to do so.

Frequently Asked Questions

What is the difference between a public will and a secret will in Malta?

A public will is drafted by a notary and signed in front of witnesses, while a secret will is written by the testator, sealed, and handed to a notary. Both have specific legal requirements for validity.

Who can make a will in Mosta, Malta?

Any person over 18 years of age who is of sound mind can make a will. Exceptions may exist for individuals who lack legal capacity.

Do I need a notary to make a will?

Yes, in Malta, a notary is generally required to prepare and register a valid public or secret will.

Can I leave my entire estate to anyone I choose?

Maltese law imposes forced heirship rules, meaning certain family members are entitled to a reserved portion of the estate, limiting complete freedom of disposition.

Can I change or revoke my will after making it?

Yes, as long as you are of sound mind, you may change or revoke your will at any time by following the legal process.

What happens if I do not make a will?

If you die intestate (without a will), your estate will be distributed according to Maltese intestate succession laws, which prioritize spouses, children, and other close relatives.

How do I know my will is valid?

To be valid, the will must be properly executed with the required formalities, including the use of a notary and witnesses where applicable.

Can foreign nationals make a will in Malta?

Foreign nationals can make a will in Malta for assets located in Malta, but should seek legal advice to consider any conflicts of laws or foreign estate issues.

Are wills registered or public in Malta?

Notarial wills are registered with the relevant Maltese authorities but remain confidential until the death of the testator.

What is the role of the executor in Malta?

The executor, known as the "esecutor testamentario," is responsible for ensuring that the deceased's wishes are carried out and the estate is properly administered and distributed.

Additional Resources

For more information or official guidance, you may consult:

• The Public Registry Office in Malta - For official records and will registration queries
• The Chamber of Notaries of Malta - For finding a qualified notary in Mosta or nearby
• Legal Aid Malta - For those who may qualify for free legal assistance
• The Maltese Civil Code - For detailed legal provisions (available at government libraries and online portals)
• Local law firms and private notaries in Mosta specializing in succession law

Next Steps

If you need assistance with a will or testament in Mosta, Malta, consider taking the following steps:

1. List your assets, liabilities, and the people you wish to include in your will.
2. Contact a notary or lawyer with expertise in Maltese succession law. Many have offices in Mosta and can offer consultations.
3. Prepare any necessary documentation, such as ID cards, property deeds, and any previous wills.
4. Discuss your objectives and any family considerations with your legal professional to ensure your wishes comply with Maltese law.
5. Sign and register your will following all legal formalities for validity and peace of mind.
6. Review your will periodically and update it if your circumstances change.

Seeking tailored legal advice from a qualified professional ensures your estate is managed according to your wishes and local law.