Inheritance law · Malta
Inheritance lawyers in Malta
When you are settling an estate, drafting a will or facing a succession dispute in Malta, the civil-law rules on forced heirship and notarial formalities can feel unfamiliar. We match you with a lawyer who handles Maltese inheritance matters and can guide you through the process.
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Clear guidance for Maltese succession
Choosing the right inheritance lawyers in Malta can make the difference between a smooth estate settlement and a prolonged dispute. Malta’s legal system mixes continental civil-law rules with common-law procedure, so succession is governed by the Civil Code, including forced heirship, community of acquests and notarial formalities. Court proceedings are adversarial and often require representation by an advocate before the Superior Courts. Our service helps you find lawyers who understand these rules and can assist with wills, estate administration, reserved portions and cross-border estates. We provide free matching, and the lawyers you are connected with are warranted to practise in Malta. You are never obliged to instruct anyone, and the first response usually arrives within 24 to 48 hours. Tell us about your inheritance matter, and we will compare lawyers who fit your language, location and case type.
Malta-specific information
How inheritance law works in Malta
Malta blends continental civil-law substantive rules with common-law procedure. The Civil Code governs forced heirship, matrimonial property and notarial formalities, while courts follow an adversarial model. Below are key points to understand before you start.
Mixed civil-law and common-law foundations
Malta is a mixed jurisdiction. Its private law follows the continental civil-law tradition, rooted in the Civil Code of 1868 and the French Code Napoléon. Procedural, commercial and company law show strong English common-law influence. The system is codified yet adversarial, and there is no formal doctrine of binding precedent.
Forced heirship restricts testamentary freedom
Maltese succession law limits how freely you can dispose of your estate. Children are entitled to one-third of the estate if there are up to four children, or one-half if there are five or more. The surviving spouse is entitled to one-fourth where there are children or descendants, and one-third where there are none. Foreign testators cannot assume common-law testamentary freedom will apply.
The Notary Public is central to inheritance
Malta has a separate profession of Notary Public, a public officer who authenticates and drafts public deeds. Wills, succession acts and transfers of immovable property normally require notarial intervention. Ownership of immovable property passes only upon execution and registration of the notarial deed.
Community of acquests is the default matrimonial regime
Unless spouses opt for a different regime by public deed, a marriage celebrated in Malta produces ipso jure the community of acquests. Property acquired through the spouses’ work or industry during the marriage, and the fruits of their separate property, form part of the community. This affects what forms part of the estate.
A single unified legal profession
Malta has one type of lawyer, the advocate, with no barrister/solicitor split. To practise, an advocate must hold a warrant granted by the President of the Republic, have full knowledge of the Maltese language, and meet statutory training and examination requirements. A separate legal procurator handles procedural acts such as service and filings.
Data compiled from official Maltese and EU sources (e-Justice, Judiciary of Malta and Maltese legislation), accessed in 2025.
Common challenges
What makes Maltese inheritance matters complex
These are recurring difficulties clients face when dealing with estates in Malta.
Forced heirship surprises
You may expect testamentary freedom, but Maltese law reserves a portion of the estate for descendants and a spouse. Without local guidance, a will that ignores these rights can be challenged in the civil courts.
Notarial and language barriers
Maltese notarial deeds and court documents are drafted in Maltese, although English is widely used. If you do not read Maltese, you may struggle to verify transfers, wills or succession acts without professional help.
Cross-border estate complexity
If you own property in Malta or are an EU or third-country national, the interaction of Maltese forced heirship, community of acquests and EU rules can create uncertainty about which assets pass and how.
Why use our matching service
The right lawyer for your Maltese inheritance case
We simplify the search so you can focus on the estate.
Free, no-obligation matching
Tell us about your inheritance matter and we compare lawyers who handle Maltese succession. There is no charge and no obligation to instruct anyone.
Verified Maltese advocates
We only list lawyers who are warranted to practise in Malta and familiar with the Civil Code, notarial deeds and civil court procedure.
Fast first response
Most requests receive a first response from a lawyer within 24 to 48 hours, so you can start discussing your case without delay.
Support in Maltese and English
You can choose a lawyer who is comfortable working in English or Maltese, helping you understand documents originally drafted in either official language.
European coverage
We also match in these countries
Our network extends across Europe, with similar vetted lawyers available in the following jurisdictions.
FAQs
Frequently asked questions
Why should I use inheritance lawyers in Malta rather than handling the estate myself?
Maltese succession involves civil-law rules such as forced heirship and notarial formalities that may differ from common-law expectations. Inheritance lawyers in Malta can explain how the reserved portion affects your estate, coordinate with notaries, and represent you if a dispute reaches the civil courts.
What is the reserved portion in Maltese inheritance law?
The reserved portion is a statutory right that limits testamentary freedom in favour of descendants and the surviving spouse. Children are entitled to one-third or one-half of the estate depending on their number, and the surviving spouse to one-fourth or one-third. It is a credit of value against the estate.
Do I need a notary for inheritance matters in Malta?
Yes, in most cases. Malta has a separate profession of Notary Public who drafts and authenticates public deeds. Wills, succession acts and transfers of immovable property normally require notarial intervention. Ownership of immovable property passes only upon execution and registration of the notarial deed.
How does Malta’s bilingual legal system affect inheritance planning?
Maltese and English are both official languages. Legislation is enacted in both, but the Maltese text prevails in case of conflict. Court rulings and notarial deeds are drafted in Maltese, although English is widely used in legal practice. A bilingual advocate can help you navigate documents and proceedings.
What does it cost to be matched with an inheritance lawyer in Malta?
Our matching service is free. Once connected, the lawyer’s fees follow statutory tariffs set out in the Code of Organisation and Civil Procedure, and contingency-fee arrangements are prohibited. You will receive clarity on costs before you decide whether to instruct the lawyer.
How quickly can I find an inheritance lawyer in Malta?
We usually match you with a lawyer within 24 to 48 hours. When you submit your request, we identify lawyers who handle Maltese inheritance matters and fit your location, language and case type. You then choose whom to contact.
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