Why Wills and Estate Planning Matter When Settling in Malta
Taking up residence or citizenship in Malta often changes how succession rules apply in practice. While nationality alone does not determine succession outcomes, habitual residence, asset location and long-term ties to Malta can materially affect how an estate is administered on death.
Foreign nationals frequently assume that existing wills will continue to operate seamlessly after relocation. In reality, Maltese law may intervene in respect of Maltese-situated assets or impose mandatory rules that override testamentary freedom.
“Relocation is one of the key trigger points for reviewing a will. Malta is no exception – and in some cases, it is precisely where planning becomes most important.”
Dr Charlene Mifsud, Partner
Overview of Succession Law in Malta
Succession in Malta is primarily governed by the Maltese Civil Code (Cap. 16). An estate may devolve either through testamentary succession, where a valid will exists, or through intestate succession, where no will governs all or part of the estate.
Maltese law applies mandatorily to certain assets, particularly immovable property situated in Malta, regardless of the deceased’s nationality. This makes succession planning especially relevant for new residents who acquire or already own Maltese real estate.
Do Foreign Wills Work in Malta?
Wills executed abroad may be recognised in Malta if they comply with the formalities of the place where they were made. However, recognition does not guarantee effectiveness.
Foreign wills may:
- conflict with Maltese forced heirship rules;
- fail to address Maltese property specifically;
- create uncertainty during probate or estate administration;
- require additional procedures to be enforceable in Malta.
For these reasons, many new residents and citizens choose to supplement foreign wills with a Malta-law will, drafted before a local notary.
Forced Heirship and Reserved Portions
One of the most distinctive features of Maltese succession law is the concept of reserved portions. Where a deceased person is survived by children or a spouse, Maltese law reserves a portion of the estate in their favour.
As Article 616 of the Civil Code provides:
“The reserved portion is a right on a portion of the estate of which the testator may not dispose.”
These rules may limit testamentary freedom and override dispositions that would otherwise be valid in common law jurisdictions.
“Forced heirship is often unfamiliar to new residents. Understanding it early allows estate plans to be structured rather than challenged later.”
Dr Priscilla Mifsud Parker, Senior Partner
Estate Planning for Maltese Immovable Property
Ownership of immovable property in Malta is a key succession trigger. Under the lex situs principle, Maltese law governs succession to Maltese real estate, irrespective of nationality or residence.
New residents and citizens who own Maltese property should ensure that their estate plans clearly address how that property is to devolve, taking into account mandatory succession rules and administrative requirements.
Coordinating Cross-Border Estate Plans
For internationally mobile individuals, estate planning in Malta rarely exists in isolation. Effective planning often involves:
- coordinated wills covering different jurisdictions;
- choice-of-law clauses where applicable;
- alignment between Maltese succession law and foreign inheritance regimes;
- consideration of trusts or holding structures in appropriate cases.
Failure to coordinate estate plans can result in parallel probate proceedings, delays and disputes between heirs.
Trusts and Estate Planning in Malta
In addition to wills, trusts may form part of a broader estate planning strategy for new residents and citizens. Trusts can provide continuity, governance and asset protection, particularly for complex family or international structures.
Trust planning must, however, be aligned with Maltese succession rules to ensure enforceability and long-term effectiveness.
Malta Wills for Foreigners FAQs
[question]Do I need a new will when I become resident in Malta?[/question]
[answer]Not always, but it is strongly advisable to review existing wills to ensure they operate effectively under Maltese law, particularly if Maltese assets are involved.[/answer]
[question]Does Maltese law apply if I acquire Maltese citizenship?[/question]
[answer]Maltese succession law applies to Maltese-situated assets regardless of citizenship, and may affect estate planning where long-term residence or property ownership exists.[/answer]
[question]Can I keep my foreign will and add a Malta will?[/question]
[answer]Yes. Many individuals use coordinated wills, provided they are carefully drafted to avoid revocation or inconsistency.[/answer]
[question]Are there limits on testamentary freedom in Malta?[/question]
[answer]Yes. Maltese law reserves portions of the estate for certain heirs in specific circumstances, which must be respected when drafting wills.[/answer]
What This Means for You
Taking up residence or citizenship in Malta is an opportunity to review and strengthen estate planning arrangements. Early advice helps ensure that wills are valid, succession outcomes are predictable, and heirs are protected from uncertainty or dispute.
Estate planning in Malta works best when approached proactively, rather than reactively after a death.
How Our Succession Planning Lawyers Can Help You
Our lawyers advise new residents and citizens of Malta on wills, estate planning and succession matters, including cross-border coordination and long-term planning strategies. We work closely with international advisers to ensure that Maltese arrangements integrate seamlessly into global estate plans.
