Any citizen who owns rights over properties can draw up a will, in which he or she can declare who can inherit his or her assets. When writing a will, the person must respect a legislation regulating the validity of such a document, and our law firm in Malta can present the necessary steps you have to follow, so that your testament will be recognized according to the Maltese law.
Eligible Testators in Malta
According to the Maltese law, a person is eligible to write his or her will in the following conditions:
• the age of the testator is minimum 18 old (the legal age at which a person is no longer considered a minor),
• he or she can attest the mental sanity,
• he or she hasn’t been incapacitated by any court order,
• Maltese law offers the possibility that persons over 16 years old can write a will in certain conditions; our attorneys in Malta can present to you the legal provisions under which this situation can be validated.
Formalities of a Valid Will in Malta
Maltese law of succession states that only two types of will are recognized:
• The public will is signed in front of a notary agent and two witnesses. In Malta, this type of will is the most common, as the testator can perform all the legal requirements that will recognize his or her wishes. The document is registered at the Public Registry and the content of the testament will be revealed at the death of the testator.
• The secret will has the same legal status as the public will, except that the testator can legally keep a secret the content of the document from the notary agent. The document is registered by the Notary in front of two witnesses, and then is deposited at the Civil Court’s registry.
The testator can leave his inheritance to the living spouse, the children or to a person of his choice or can mention one heir or more. Even if the testator hasn’t mentioned his family in the will, Maltese law stipulates that the close relative of the deceased are entitled to a portion of the inheritance.
In Malta there are no inheritance taxes, but the law imposes a tax on property transfer, applicable at the transfer of the ownership.