Inheritance, Probate & Wills · Malta
Experienced Inheritance, Probate & Wills lawyers in Malta
Malta’s civil-law succession code and notarial practice shape how wills, probate and inheritance are handled. We match you with a lawyer who handles Inheritance, Probate & Wills in Malta, so you can clarify reserved portions, estate administration and court procedures with confidence.
- Civil-code succession rules and forced heirship explained
- Notarial wills and public deeds handled correctly
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Practice area
Inheritance, Probate & Wills in Malta
Malta’s succession law is shaped by the Civil Code, which draws on the French Code Napoléon, while court practice reflects more than a century of British influence. If you are dealing with a Maltese estate, a will, or probate, the reserved portion, notarial deeds and bilingual court proceedings can create complexity. Our platform matches you with Inheritance, Probate & Wills lawyers in Malta who understand these rules. We do not provide legal advice; we connect you with a warranted Maltese advocate who can explain forced heirship, estate administration and the role of the notary. Tell us briefly about your matter and receive a free, no-obligation match within 24–48 hours, so you can take the next step with confidence.
Malta-specific guidance
How inheritance, probate and wills work in Malta
Succession in Malta operates within a hybrid legal system: substantive private law is civil-law based, while procedure and public law carry common-law features. Wills and inheritance frequently require both an advocate and a notary public, and Maltese forced heirship rules can override testamentary wishes. The points below summarise the key features you should discuss with a Maltese lawyer.
A civil-law succession code within an adversarial system
The Maltese Civil Code, first enacted in 1868 and rooted in the French Code Napoléon, governs substantive succession rules. Procedural and public law show English common-law influence, making Malta a mixed jurisdiction. There is no formal doctrine of binding precedent. Courts apply codified rules in adversarial proceedings, and both Maltese and English are official languages.
The reserved portion restricts testamentary freedom
Articles 615–616 of the Civil Code reserve a share for descendants and the surviving spouse. Children receive one-third if there are up to four, or one-half if five or more; the spouse receives one-fourth with children, or one-third without. Foreign testators should not assume common-law testamentary freedom will apply.
Notarial deeds for wills and succession
Malta maintains a separate Notary Public profession, a public officer who authenticates and drafts public deeds. Wills, succession acts and transfers of immovable property are formalised through notarial deeds, which are drafted in Maltese. Ownership of immovable property passes only upon execution and registration of the deed. The preliminary contract, or konvenju, is also normally drawn up by a notary.
One unified legal profession
Malta has a single type of lawyer: the advocate, with no barrister/solicitor split. To practise, an advocate must hold a warrant issued by the President, be familiar with Maltese, and be regulated by the Commission for the Administration of Justice. A separate legal procurator handles procedural acts. Representation by an advocate is required in contentious proceedings before the Superior Courts.
Court venue and limitation periods
Inheritance disputes may be heard by the Civil Court or the Court of Magistrates depending on the value of the claim: up to EUR 5,000 before the Small Claims Tribunal, up to EUR 15,000 before the Court of Magistrates, and above that before the Civil Court. The general limitation of actions is 30 years, while acquisitive prescription of immovable property in good faith is 10 years.
The country-specific information on this page is drawn from official Maltese sources, the European e-Justice Portal and the consolidated Civil Code, as accessed in May 2026.
Common challenges
Where succession matters become difficult
These are frequent issues our clients face when dealing with Maltese inheritance law.
Confusion over forced heirship
The reserved portion may override a will, leaving families unsure who is entitled to what. A Maltese advocate can clarify children’s and spouse’s shares under Articles 615, 616, 631 and 632 of the Civil Code.
Formal notarial requirements
Wills and succession deeds in Malta are typically executed as notarial public deeds in Maltese. Missing a formality can affect validity, so professional guidance is essential.
Cross-border estate complexity
Non-residents and foreign nationals often assume common-law testamentary freedom will apply. Maltese forced heirship and conflict-of-laws rules require careful analysis.
Why work with a Maltese advocate
Clear advantages of Maltese succession practice
Malta’s legal system, while distinctive, offers structured solutions for inheritance and probate.
Civil-code clarity
Malta’s codified Civil Code provides written rules on succession, forced heirship and prescription, making the framework accessible to clients and advisers.
Notarial certainty
Because notaries are public officers who draft and authenticate deeds, properly executed wills and transfers enjoy a high degree of formal reliability.
Bilingual legal system
English is widely used in legal practice and commercial matters, so many Maltese advocates can communicate and draft documents in English while court deeds remain in Maltese.
Single advocate representation
One warranted advocate can represent you before all Maltese courts, reducing the need to coordinate multiple legal roles, though a legal procurator handles procedural filings.
Cross-border estates
Inheritance matters often involve other jurisdictions
Malta is a popular destination for cross-border estates. These are some of the countries our clients most often need to coordinate with when handling succession, probate and wills.
Frequently asked questions
Inheritance, Probate & Wills in Malta — FAQs
What is the reserved portion in Maltese inheritance law?
The reserved portion is a forced share reserved by Articles 615 and 616 of the Civil Code for descendants and the surviving spouse. Children receive one-third if up to four, or one-half if five or more; the spouse receives one-fourth with children or one-third without. A Maltese lawyer can calculate how it applies to your estate.
Do I need a Maltese notary to make a will?
A will in Malta is normally executed as a public deed before a Notary Public, a public officer who authenticates the document. Notarial deeds are drafted in Maltese. Because formal requirements are strict, you should instruct a notary and an advocate to ensure the will is valid and reflects your intentions.
Which Maltese court hears inheritance disputes?
Inheritance and succession disputes are civil matters. Claims up to EUR 5,000 go to the Small Claims Tribunal; from EUR 5,000 to EUR 15,000 to the Court of Magistrates; and above EUR 15,000 or unquantifiable to the Civil Court. An advocate must represent you in Superior Court proceedings.
What is the limitation period for challenging a Maltese will?
The general limitation of actions in Malta is 30 years for real, personal and mixed actions. However, specific claims, such as damages or professional fees, have shorter periods of 2 or 5 years. You should seek prompt advice from a Maltese advocate because the applicable period depends on the nature of the claim.
Can foreign nationals inherit property in Malta?
Maltese succession law applies to estates governed by Maltese law, regardless of nationality, and forced heirship rules may restrict testamentary freedom. If you are not domiciled or resident in Malta, conflict-of-laws rules determine which law applies, so you should ask a Maltese lawyer about your specific situation.
Is legal aid available for inheritance matters in Malta?
Yes, Legal Aid Malta can provide assistance in civil cases if you pass a means test and a merits test. The means test requires that your net disposable property did not exceed EUR 13,000 in the preceding twelve months. If eligible, the court assigns a legal aid lawyer and legal aid procurator.
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