A Malta will allows individuals owning assets or property in Malta to regulate succession with certainty and legal clarity. Under Maltese law, immovable property situated in Malta is governed by Maltese succession rules, regardless of the deceased’s nationality or residence. A locally drafted will helps avoid uncertainty, delays, and conflicts between foreign wills and Maltese mandatory provisions.
For internationally mobile families, expatriates, and non-resident property owners, a Malta will provides a clear legal mechanism to coordinate cross-border estate planning, respect reserved portions under Maltese law, and streamline probate and estate administration procedures.
Benefits
A Maltese will ensures that assets situated in Malta are governed by Maltese succession law, reducing disputes and conflicting interpretations with foreign testamentary instruments.
Maltese law provides for reserved portions in favour of descendants and surviving spouses. Proper drafting allows lawful planning while respecting mandatory family protections.
A Malta will can be structured to operate alongside foreign wills, EU Regulation 650/2012 elections, and broader international estate planning strategies.
Locally drafted wills simplify probate, testamentary searches, and estate administration before Maltese notaries and courts.
A Malta will ensures that Maltese assets do not devolve under statutory intestate succession rules, which may produce outcomes that differ from the individual’s intentions.
Clear testamentary instructions reduce uncertainty for heirs and executors, minimising disputes and simplifying communication with Maltese notaries and authorities.
Who is this for
- Non-residents owning property or assets in Malta
- Maltese emigrants with estates spanning multiple jurisdictions
- International families with cross-border succession considerations
- Individuals seeking certainty for Maltese immovable property
Why Malta
Malta remains a strategically important jurisdiction for families with Mediterranean property, international lives, and multi-jurisdictional estates. For Maltese-situated assets, planning that respects Maltese rules and practice can materially improve certainty and reduce administrative friction.
Key Contacts
Requirements
A Malta will must be drafted and executed in line with Maltese succession rules and formalities. Choosing the appropriate will form and drafting with precision are essential to ensure the will is valid, enforceable, and practical to administer in Malta.
To draft a Malta will efficiently, we typically request: identification details; marital and family details (including dependants); an outline of Maltese assets (especially immovable property); preferred beneficiaries and backup beneficiaries; and any cross-border context (such as existing foreign wills or expected overseas administration).
Where a client has existing foreign wills, international heirs, or assets in multiple jurisdictions, coordination is required to ensure that the Malta will operates without revoking or conflicting with foreign testamentary instruments. Disclosure of all relevant jurisdictions is essential at drafting stage.
Maltese succession law includes mandatory reserved portions in favour of certain heirs. Accurate information on family relationships, marital status, and dependants is required to ensure the will is structured in compliance with these rules.
Step 1 – Initial Scoping
Assessment of the client’s Maltese assets, family situation, and any existing foreign testamentary instruments.
Step 2 – Structuring and Drafting
Preparation of a Malta-law will aligned with Maltese succession rules and any cross-border estate planning considerations.
Step 3 – Execution Before a Notary
Execution of the will before a Maltese notary, in compliance with applicable formalities.
Step 4 – Registration and Safekeeping
Registration of the will in Malta and guidance on secure custody and future updates where circumstances change.
Process/Timeline
FAQs
[question]Do I need a Malta will if I already have a foreign will?[/question]
[answer]In many cases, yes. A Malta will can regulate Maltese-situated assets specifically and reduce uncertainty where foreign wills interact with Maltese mandatory succession rules.[/answer]
[question]Does Maltese law apply if I am not resident in Malta?[/question]
[answer]Yes. Succession to immovable property situated in Malta is governed by Maltese law, regardless of the deceased’s nationality or residence.[/answer]
[question]Can a Malta will coexist with wills in other countries?[/question]
[answer]Yes. A Malta will can coexist with foreign wills, provided it is carefully drafted to avoid revocation or inconsistency between testamentary instruments.[/answer]
[question]Are there limits on what I can leave under a Malta will?[/question]
[answer]Yes. Maltese law includes mandatory reserved portions in favour of certain heirs in specific circumstances. These rules must be respected when structuring a will.[/answer]
[question]Can a Malta will be updated if my circumstances change?[/question]
[answer]Yes. A Malta will can be amended or replaced to reflect changes such as marriage, divorce, acquisition of property, or changes in family structure.[/answer]
