A mentally sound person is free to dispose of any property in Malta he/she likes. There can be no challenge if the donor has a sound mind; however, unless the donor otherwise orders, either through a donor act or a subsequent donation, children and descendants inherit from an ascendant, whether under a will or by a rules of intestacy, must deduct from the share of their inheritance the value of all that has been given from the deceased by a donation. Jobs
Inheritance is governed by the Civil Code.
The Malta Civil Code is the primary law governing property in Malta, regardless of the nationality or place of residence of the owner of the property.
The Malta Civil Court is competent to deal with the proceedings for heritage. An inheritance case takes at least two years to complete; however, the nature of the heritage, the efficiency of a legal counsel, and any appeal that may be lodged may be longer, depending on the evidence submitted.
There is a reserved portion.
When the deceased's children are four or fewer, born into or out of marriage, he/she must leave them a third of the estate. The deceased must leave them one half of the estate if there are more than four children. If the couple have children, the spouse's reserved share is one fourth. If there are no children, the spouse's portion is one third. In addition to the reserved section, the surviving spouse also has the right to live in the main house.
The residue of the property outside the reserved part can be disposed of freely. It can be given to persons who have already been inherited or who are not relatives of the deceased.
A foreigner should make a local will in Malta.
The residue of the property should be disposed of through a will. A foreigner needs his/her presence in Malta to write a local will. The desire can be public or secret. A public will is drawn up in the presence of two witnesses before a notary. The testator shall draw up a secret act and shall be deposited in the presence of the chairing judge or magistrate with a notary or with the registrar of the court of voluntary jurisdiction. Two spouses may also develop a special joint, known as a unica carta, in which the spouses have their own properties in the same will.
In Malta, a will made abroad is valid and effective.
A will made abroad must be recognized as valid under the laws of Malta and must follow the form laid down in the law of the country in which it is done. The rules on the reserved portion are considered public politics, and consequently, any provisions contrary to those rules contained in a Will made outside Malta, when such a will is challenged, will not be effective in Malta.
In the absence of a will, the estate shall be distributed pursuant to the Civil Code.
If property in Malta is not disposed of by a will, the Maltese heritage law is based on the lex situs, that is to say on the law of the place in which the property lies. If the property is located in Malta, the intestate succession rules apply to Maltese. If there are no children, then the property is for the wife; or if the wife was previously widowed, for the children. If both the wife and the children survive, the estate will be equally divided between the surviving wife and the children. If the deceased had no spouse or surviving descendents, then the estate is distributed between the ascendants, or in default, between collaterals in the next degree.