Best Will & Testament Lawyers in Tarxien

About Will & Testament Law in Tarxien, Malta

The Will and Testament process in Tarxien, Malta, forms a crucial part of the legal framework governing how a person’s property, assets, and obligations are managed after their passing. A Will, known locally as a "testment," is a legal document in which a person, known as the testator, sets out instructions on how their possessions should be distributed. Maltese law regarding Wills applies in Tarxien, considering the town is under the jurisdiction of Malta’s civil code. The procedure is designed to ensure that the wishes of the deceased are respected and that heirs are clearly identified. Individuals can choose between different types of Wills, with the most common being the public Will made before a notary and witnesses.

Why You May Need a Lawyer

Navigating the world of Wills and testaments can be complex, especially if you are not familiar with local laws or legal terminology. Here are some typical scenarios where a lawyer’s help may be beneficial:

• You wish to draft a new Will to distribute your estate after death.
• Your family member has passed away and you need to understand the process for executing their Will.
• There are disputes among potential heirs over inheritance rights.
• You believe a Will was made or modified under duress or without mental capacity.
• Inheritance involves complicated family relationships, foreign assets, or business interests.
• You are a non-Maltese citizen residing in Tarxien and want your estate to be handled according to Maltese law.
• You need advice on tax implications related to inheritance.

Local Laws Overview

Malta’s Civil Code regulates Wills and Testaments in Tarxien. Here are some key aspects relevant to local residents:

• Types of Wills: The main types in Malta are public Wills (signed before a notary and witnesses) and secret Wills (deposited with a notary but with contents kept confidential until death).
• Legal Age: The minimum age to create a Will is 18, or younger if married.
• Forced Heirship: The law requires that a portion of an estate goes to certain family members, known as "reserved portion" or "legittima," even if the Will states otherwise.
• Probate: When a person passes away, the Will must be published and the estate administered according to its terms and Maltese probate procedures.
• Capacity: The testator must be of sound mind when making a Will.
• Revocation: Wills can be revoked at any time by the testator while alive, provided there is capacity.
• Intestacy: If there is no Will, inheritance is distributed according to the rules of intestate succession in the Civil Code.

Frequently Asked Questions

What is a Will and Testament?

A Will and Testament is a legal document in which someone specifies how their property and assets should be distributed after death. It can also name guardians for minor children and appoint executors to carry out the instructions.

How do I make a Will in Tarxien, Malta?

To make a legally valid Will in Tarxien, you usually visit a notary, who will draft a public Will, ensure it is signed in the presence of witnesses, and register it with the Public Registry.

Do I need a lawyer to draft a Will?

While a notary must be involved in drafting public Wills, it is often beneficial to consult a lawyer to ensure your wishes are clearly set out and that all legal requirements are met, especially if your estate is complex.

Can I change or revoke my Will?

Yes, you can change (amend) or revoke your Will at any time, provided you are of sound mind. This is done by making a new Will or a codicil through a notary.

What happens if I die without a Will?

If you die without leaving a valid Will, your estate will be distributed according to the rules of intestate succession as set out in the Maltese Civil Code, which prioritizes close relatives.

Is my foreign Will valid in Tarxien, Malta?

A foreign Will may be recognized in Malta if it meets certain legal requirements and is not contrary to public policy. You should seek legal advice to determine validity.

Who has a right to inherit under Maltese law?

Certain close relatives, such as children and spouses, are legally entitled to a reserved portion of the estate, regardless of what the Will states. Others may inherit as specified in the Will or by law in cases of intestacy.

What is probate and how does it work in Tarxien?

Probate is the legal process of establishing the validity of the Will, settling debts and taxes, and distributing the estate. In Malta, this process involves the notary, the court, and the Public Registry.

Can I disinherit a family member?

You cannot completely disinherit certain relatives such as children or spouses because they are legally entitled to a reserved portion under Maltese law. However, you may request legal guidance for specific situations.

How do I find a notary or lawyer in Tarxien for Will matters?

You can search for notaries and lawyers through the local phone directory, online resources, recommendations from the Chamber of Advocates, or by contacting the Public Registry.

Additional Resources

If you require information or assistance, consider reaching out to these organizations and governmental bodies:

• Public Registry Malta - Responsible for the registration and publication of Wills.
• Chamber of Advocates Malta - Provides a directory and guidance on solicitors and advocates.
• Maltese Notarial Council - Assists with finding registered notaries in Tarxien.
• Ministry for Justice, Culture, and Local Government - Offers resources and legal information on inheritance laws.
• Maltese Civil Code - The legislative text governing Wills, inheritance, and related issues.

Next Steps

If you are considering making a Will, updating your existing Will, or dealing with a Will after a loved one’s passing in Tarxien, take the following steps:

• List your assets and consider how you wish to distribute them.
• Schedule a meeting with a notary or lawyer experienced in Maltese inheritance law.
• Prepare any necessary documentation, such as identification, property deeds, and information about potential heirs.
• Discuss your wishes clearly and ask about any special circumstances such as foreign assets or family disputes.
• Review the draft Will carefully before signing, ensuring it reflects your intentions and complies with Maltese law.
• Keep a copy of your Will in a secure place, and inform a trusted person or executor about its existence.
• If you have questions about an existing Will or inheritance process, seek legal advice promptly to avoid misunderstandings or disputes.

Taking early action ensures your wishes are safeguarded and your loved ones are protected according to your preferences and the laws of Malta.