Our Succession of Maltese Immovable Property Services advise individuals, heirs and families on inheritance matters involving real estate located in Malta. Under Maltese private international law, the succession of immovable property situated in Malta is governed by Maltese law, regardless of the deceased’s nationality, domicile or residence.
This service is particularly relevant for Maltese emigrants and foreign nationals who own property in Malta, as well as for heirs and beneficiaries who may be subject to different succession regimes elsewhere. We assist clients in understanding how Maltese succession rules apply to property, how these rules interact with foreign wills or estate plans, and how ownership can be lawfully transmitted.
Understanding Succession of Maltese Property
Immovable property located in Malta is subject to Maltese succession rules as a matter of public policy. This means that even where a foreign will exists, or where a foreign succession law would otherwise apply, Maltese law will determine how Maltese real estate devolves on death.
Issues commonly arise where foreign wills do not account for Maltese forced heirship rules, reserved portions, or formal requirements, leading to uncertainty, partial invalidity or unintended intestacy in respect of Maltese property.
Why Maltese Law Is Determinative
Maltese law treats immovable property as having a fixed legal connection to the territory. As a result, succession planning or estate administration that overlooks Maltese law may be ineffective insofar as Maltese property is concerned.
This is particularly relevant for owners who acquired property in Malta many years ago, inherited property through previous generations, or hold Maltese real estate alongside assets in common law jurisdictions where testamentary freedom is broader.
Our Expertise in Property Succession Matters
We advise on the legal succession of Maltese immovable property in both testate and intestate scenarios. Our work includes assessing how Maltese law applies to specific properties, identifying heirs and their rights, and advising on the recognition or adaptation of foreign testamentary instruments.
We also assist with structuring ownership and succession arrangements during lifetime to mitigate future succession risks and facilitate orderly transmission of property.
Our Experience With Foreign Owners and Heirs
This service is frequently engaged by foreign nationals and Maltese emigrants whose heirs are resident outside Malta. We regularly advise families based in the United States, Canada, the United Kingdom, Australia and other jurisdictions on the inheritance of Maltese property.
Our experience includes representing heirs and beneficiaries through powers of attorney, coordinating with foreign advisers, and supporting property transfers following succession under Maltese law.
Our Approach to Property Succession
Our approach is analytical and preventative. We begin by identifying the applicable succession framework, reviewing ownership structures and existing wills, and assessing potential conflict points between Maltese and foreign law.
Advice is then tailored to ensure that property succession outcomes are legally sound, clearly documented and capable of being implemented without unnecessary delay or dispute.
How Our Succession of Maltese Immovable Property Services Can Help You
Our lawyers assist with advice on succession rights over Maltese property, interpretation of wills affecting Maltese real estate, coordination with probate and estate administration procedures, and representation of heirs in Malta.
The focus throughout is on legal certainty and practical implementation, ensuring that Maltese immovable property passes in accordance with applicable law and documented intentions.
