Succession in Malta is governed by the Civil Code (Cap. 16), which recognises both testate succession (by will) and intestate succession (by operation of law), subject to statutory forced heirship rights (legitim) reserved for a deceased's descendants and surviving spouse. Wills must satisfy strict formal requirements, typically executed as a public will before a notary or as a secret will.
Key Legal Takeaways
- Maltese law reserves a portion of the estate — the legitim — for children and the surviving spouse, which cannot be freely disposed of by will.
- A public will is drawn up and read by a notary in the presence of witnesses, while a secret will is written and deposited sealed with the Court or a notary.
- In the absence of a valid will, the Civil Code's intestate succession rules determine the order of heirs, prioritising descendants, ascendants, and the surviving spouse.
- Foreign nationals resident in or owning assets in Malta should consider EU Succession Regulation (Brussels IV) implications when planning their estate.
What happens to an estate in Malta, with or without a will?
Under the Civil Code, a person may dispose of their estate by will (testate succession) or, absent a valid will, the estate devolves according to the statutory order of intestate succession, which prioritises children and their descendants, followed by ascendants, siblings, and more remote relatives, with the surviving spouse afforded specific statutory entitlements throughout.
Even where a valid will exists, Maltese law imposes limits on testamentary freedom through the reserved portion, or legitim, guaranteeing children and the surviving spouse a minimum share of the estate that cannot be defeated by the terms of the will.
What makes a will valid in Malta?
A public will is the most common form, drawn up by a notary based on the testator's instructions, read aloud in the presence of the testator and witnesses, and signed by all parties before being registered in the Public Registry. A secret will, by contrast, is written by or for the testator, signed, sealed, and deposited with the Court of Voluntary Jurisdiction or a notary, remaining confidential until the testator's death.
Wills that fail to observe the prescribed formalities — such as missing signatures, insufficient witnesses, or lack of testamentary capacity — risk being challenged or declared null, underscoring the importance of proper legal drafting.
Which law applies to a cross-border estate?
For individuals with connections to more than one EU member state, Regulation (EU) No 650/2012 generally applies the law of the deceased's habitual residence at death to the succession as a whole, unless the deceased expressly elected the law of their nationality to govern their estate.
Foreign nationals owning Maltese property or residing in Malta should seek tailored succession planning advice to ensure their testamentary wishes are given effect across jurisdictions and to manage potential conflicts between forced heirship rules and personal estate planning objectives.
Official Maltese Statutory References & Sources
- Civil Code (Chapter 16 of the Laws of Malta) - Book Third, Of Successions
- Regulation (EU) No 650/2012 (EU Succession Regulation / Brussels IV)
- Duty on Documents and Transfers Act (Chapter 364 of the Laws of Malta)