Best Will & Testament Lawyers in Sliema

About Will & Testament Law in Sliema, Malta

A Will, also referred to as a testament, is a legal document where an individual states how their assets and property should be distributed after their death. In Sliema, Malta, like in the rest of the country, Wills are governed by Maltese law and must be created, executed, and registered according to specific legal requirements. This ensures that the testator's wishes are respected and legally recognized after they pass away. Whether you have property, financial assets, or personal items to bequeath, making a valid Will can provide peace of mind and protect your loved ones from unnecessary complications.

Why You May Need a Lawyer

Crafting a Will and Testament in Sliema, Malta can be straightforward for some, but there are many situations where legal advice is highly recommended. If you have complex family circumstances, own property both in Malta and abroad, wish to exclude someone from inheritance, or need to understand inheritance tax implications, a lawyer can help you navigate the process. Lawyers are also essential if you wish to contest a Will, have questions about the rights of spouses or children, or are unsure how to appoint an executor. Their expertise helps prevent mistakes that could make your Will invalid or open to legal challenges.

Local Laws Overview

Maltese law lays out specific requirements for creating a valid Will. Most Wills in Sliema are either ‘public’ (drawn up before a notary and two witnesses) or ‘secret’ (written and handed to a notary in a sealed envelope in the presence of witnesses). The law requires the testator to be at least 18 years old and of sound mind. Malta also follows forced heirship rules, where certain close family members such as spouses and children are entitled to a portion of the estate. Notaries play a crucial role in both drafting and registering Wills in Malta. Changes to Wills, revocations, and challenges must also comply with Maltese Civil Code provisions.

Frequently Asked Questions

Is it mandatory to make a Will in Malta?

No, it is not mandatory, but having a Will ensures your wishes are clear and can help avoid disputes among heirs. If you die intestate (without a Will), your estate will be divided according to Maltese succession law.

Who can make a Will in Sliema, Malta?

Any person who is at least 18 years old and of sound mind can make a Will in Malta.

Do I need a notary to make a Will?

Yes, most valid Wills in Malta are drawn up with the assistance of a notary, particularly public Wills, which are most common.

What is forced heirship?

Forced heirship refers to the legal requirement that a portion of the estate must be left to certain family members, such as the spouse or children, regardless of the Will’s contents.

Can I change or revoke my Will?

Yes, you can change or revoke your Will at any time, as long as you meet the legal requirements and do so formally in the presence of a notary and witnesses.

What happens if I die without a Will in Malta?

If there is no Will, the Maltese Civil Code specifies how your estate will be divided among your close relatives, following a set order of succession.

Can I include foreign assets in my Maltese Will?

Yes, but the treatment of foreign assets may depend on the laws of the country where the assets are located. Legal guidance is advised for cross-border estates.

Who is responsible for executing my Will?

You can appoint an executor in your Will. If you do not, the court may appoint someone to administer your estate according to the law.

Are there taxes on inheritance in Malta?

Malta does not levy inheritance tax, but stamp duty may apply to certain assets such as immovable property. It’s important to seek advice to understand your specific situation.

Can Wills be contested in Malta?

Yes, Wills can be contested on specific legal grounds such as incapacity, improper form, or undue influence. Legal assistance is essential in such cases.

Additional Resources

For further information or assistance about Wills and Testaments in Sliema, Malta, the following resources may be helpful:

• Office of the Notary to Government – This office provides information about registering Wills and finding qualified notaries in Malta.
• Malta Chamber of Advocates – Offers listings of licensed lawyers and legal advisors in Malta.
• Notarial Council of Malta – Assists with notary-related queries and public Will registration.
• Local District Courts – For inquiries about probate and succession cases.

Next Steps

If you are considering making a Will or need advice regarding an existing one in Sliema, Malta, consider the following steps:

• Reflect on your assets and your wishes for distribution.
• Consult a qualified notary or lawyer experienced in Maltese succession law to draft or review your Will.
• Prepare a list of your questions or concerns regarding your estate and any beneficiaries.
• Keep your Will updated, especially if your family circumstances or asset portfolio changes.
• Store your Will safely, usually with the notary or in a secure location, and let your trusted relatives know where it is kept.
• If you have recently suffered a bereavement and need to execute or contest a Will, seek advice from a local legal professional for guidance through the process.

Proper legal guidance ensures your wishes are carried out and your loved ones are cared for according to your intentions. Do not hesitate to reach out to a Sliema-based notary or lawyer to secure your peace of mind.