Best Will & Testament Lawyers in Swieqi

About Will & Testament Law in Swieqi, Malta

In Malta, including Swieqi, wills and succession are governed by the Civil Code and are implemented through notaries and the Public Registry. Maltese law recognizes primarily two forms of wills: the public will, received and drafted by a notary in front of witnesses, and the secret will, also called a mystic will, which is sealed and deposited with a notary in the presence of witnesses. Handwritten wills without notarial formalities are generally not accepted. A valid will must meet strict formalities relating to capacity, witnesses, language, and execution.

Malta is a civil law jurisdiction with forced heirship rules. This means the freedom to leave your entire estate to anyone you wish can be limited by a reserved portion in favor of close family members, most commonly descendants and in some cases a spouse or ascendants. Malta is also part of the EU Succession Regulation, often called Brussels IV, which can allow a person to choose the law of their nationality to govern their succession if that choice is made properly in the will.

There is no common law style probate in Malta. Heirs succeed to the estate by operation of law, but practical steps still need to be taken, such as will searches, publication of a secret will if any, notarial deeds to transfer immovable property causa mortis, and settlement of taxes or stamp duties due on death. While there is no inheritance tax in the classic sense, stamp duty is typically payable on immovable property and certain securities transferred on death, subject to exemptions and reliefs.

Why You May Need a Lawyer

While a notary is essential to draft and receive a valid Maltese will, a lawyer can help you make strategic and compliant decisions, especially where the situation is not straightforward. You may need legal advice if you have cross-border ties or assets, wish to rely on the EU Succession Regulation to choose a different law, are part of a blended family, want to protect a spouse while respecting the reserved portion of children, own a business or complex assets, need to set up trusts or foundations alongside a will, are facing a potential dispute among heirs, need to challenge a will or defend one, or need capacity planning for an elderly or vulnerable person. A lawyer can also coordinate with a Maltese notary to ensure the will’s wording aligns with your objectives and with mandatory Maltese rules.

Local Laws Overview

Capacity and age: In Malta, a testator must be at least 18 years old and of sound mind when the will is made. Questions about mental capacity, undue influence, or duress are taken seriously and can invalidate a will.

Forms of wills: The public will is received by a Maltese notary in the presence of two witnesses, read to the testator, and signed by all. The secret or mystic will remains sealed but must still be delivered to a notary before witnesses and is later opened and published after death. Emergency or privileged wills exist only in limited circumstances.

Witnesses: Witnesses must be legally competent adults. Beneficiaries and other interested persons should not act as witnesses. The notary who receives the will cannot be a beneficiary.

Language: Wills are typically drawn up in Maltese or English. If the testator does not understand the language used, interpretation and extra formalities are required.

Registration and safekeeping: Notaries follow strict filing and registration rules with the Notarial Archives and the Public Registry. After death, a will search is usually carried out at the Public Registry to confirm whether a will exists and which notary holds it. Secret wills are opened and published according to set procedures.

Forced heirship and reserved portion: Maltese law provides a reserved share in favor of certain close relatives. The disposable portion that you can leave freely depends on who survives you. Skilled drafting is needed to avoid later reduction actions by reserved heirs.

Matrimonial property: Many Maltese couples are married under the community of acquests regime. On the first death, only the deceased’s share of the community forms part of the estate. Understanding whether your marriage is subject to community of acquests or a separation of estates regime is crucial for planning and for the correct calculation of shares.

Executors and administrators: A will may appoint an executor to administer the estate. If none is appointed, heirs may proceed directly or the court can appoint a curator or administrator in appropriate cases. Notarial deeds are often required to transfer immovable property causa mortis and to partition estates.

Taxes, stamp duty, and filings: Malta does not charge a general inheritance tax, but stamp duty is usually payable on transfers of immovable property and marketable securities on death, with possible exemptions for close family and for the family home subject to conditions. Deaths and transfers must be notified, and causa mortis declarations are typically made within set deadlines. Valuations may be required for property and shares.

Cross-border estates: The EU Succession Regulation can allow a choice of law of nationality, but it must be expressly made and carefully coordinated with Maltese mandatory rules and tax implications. Foreign wills can be recognized in Malta if valid where made and compliant with conflict of laws rules. Coordination is important where assets exist in multiple countries.

Contesting a will and deadlines: Wills can be challenged for invalidity or reduced if they infringe reserved portions. There are time limits for bringing such actions, and early advice is important to preserve rights.

Frequently Asked Questions

What types of wills are valid in Malta?

Malta recognizes public wills and secret or mystic wills. A public will is received and drafted by a notary in the presence of witnesses. A secret will is sealed and delivered to a notary before witnesses and is opened and published after death. Informal handwritten wills are generally not valid unless they meet strict special criteria that rarely apply.

Do I need both a notary and a lawyer?

A notary is necessary to receive and formalize the will. A lawyer is not mandatory but is often advisable where there are complex family arrangements, cross-border issues, forced heirship questions, business assets, or potential disputes. A lawyer can design the estate plan while the notary ensures formal validity.

Can I choose the law of my nationality to apply to my estate?

Often yes. Under the EU Succession Regulation, a person with more than one connection can choose the law of their nationality to govern their succession. This choice must be stated clearly in the will and coordinated with Maltese public policy and any mandatory rules, including reserved portions.

What is the reserved portion and how does it affect my will?

The reserved portion is a mandatory share of the estate for certain close relatives, commonly descendants and in some cases a spouse or ascendants. If a will gives away more than the disposable portion, the excess may be reduced after death at the request of reserved heirs. Proper planning can align your wishes with these rules.

Who can be a witness to my will?

Witnesses must be competent adults who understand the language of the will and are not beneficiaries or otherwise disqualified by reason of interest or relationship. The notary receiving the will cannot witness as a beneficiary. Using independent witnesses prevents challenges.

Is a handwritten will valid in Malta?

As a rule, no. Maltese law requires a will to be received by a notary with witnesses, or to be a secret will delivered under strict formalities. A casual handwritten document is likely to be invalid. Always consult a notary to ensure enforceability.

How are property and bank accounts transferred after death?

Heirs succeed by law, but transfers of immovable property and certain assets are completed through notarial deeds causa mortis, bank and registry procedures, and payment of any stamp duty due. Financial institutions and the Public Registry will require official documents, including death certificates and notarial documents.

What duties or taxes apply on death in Malta?

There is no general inheritance tax, but stamp duty is usually payable on immovable property and on certain marketable securities transferred on death. Rates, valuations, exemptions, and deadlines depend on the asset type, relationship, and circumstances. Obtain up to date advice to avoid penalties.

Can I revoke or change my will?

Yes. A later will can revoke earlier wills either expressly or by inconsistent provisions. You can also make a codicil with a notary to amend parts of your will. Destroying a secret will or taking formal steps with the notary can also revoke it. Keep your plan updated after marriage, divorce, births, deaths, or major asset changes.

What happens if I die without a will?

Intestacy rules in the Civil Code determine who inherits. The distribution considers relatives such as a spouse, children, and ascendants, with shares fixed by law. Without a will, you lose flexibility to plan for blended families, stepchildren, charitable gifts, guardianship preferences, or business continuity.

Additional Resources

Public Registry - Government of Malta: Keeps the register of wills, records births, marriages, and deaths, and facilitates will searches following a death. Main offices are in Valletta and Gozo.

Notarial Council of Malta: Professional body for notaries, useful for finding a qualified notary and understanding notarial standards for wills and deeds.

Notarial Archives: Repository where notarial deeds, including wills, are archived under statutory procedures, ensuring safekeeping and traceability.

Civil Court - Court of Voluntary Jurisdiction: Handles applications related to the opening and publication of secret wills, curatorship, and various succession related authorizations.

Commissioner for Revenue - Duty on Documents and Transfers: Administers stamp duty on causa mortis transfers, valuations, exemptions, and deadlines.

Legal Aid Malta Agency: Provides information on eligibility for legal assistance where financial means are limited.

Malta Chamber of Advocates: Professional body for lawyers, helpful for identifying practitioners focusing on succession and estate planning.

Local Councils and Public Service offices: Can assist with practical matters such as obtaining death certificates and guiding residents to the correct registries and courts.

Next Steps

Clarify your objectives: List your assets in Malta and abroad, your family situation, and your priorities, such as providing for a spouse, children, vulnerable dependants, or charitable causes.

Seek early advice: Contact a Maltese lawyer experienced in wills and succession to map out the legal strategy, especially if you have cross-border links or wish to make a choice of law. In parallel, engage a Maltese notary to ensure the will’s formal validity and proper registration.

Coordinate documents: Gather identification documents, marriage contracts, title deeds, company documents, and details of bank and investment accounts. If you already have a foreign will, bring it so your advisors can avoid conflicts and duplications.

Draft and execute properly: Ensure the will is prepared in the correct form, in a language you understand, with compliant witnesses. Confirm safekeeping and registration with the notary and keep a record of where the will is held.

Plan for taxes and duties: Obtain up to date advice on stamp duty, valuations, and exemptions that could apply to your family home or transfers to close family, and plan to meet filing deadlines after death.

Review regularly: Revisit your plan after major life events or changes in the law. Adjust beneficiary designations and business continuity plans as needed.

If a death has occurred: Request a will search at the Public Registry, contact the notary named as custodian, seek guidance from a lawyer on reserved portion rights and any potential disputes, and schedule the necessary notarial deeds for asset transfers and duty filings within the applicable timeframes.

This guide is for general information only. Always obtain personalized advice from a Maltese lawyer and a Maltese notary before taking action.