Estate planning · Malta
Find an estate planning lawyer in Malta who works with the Civil Code every day
Malta is a mixed jurisdiction: its succession and matrimonial property rules are codified, bilingual and not the ones many foreign clients expect. If you own property here, married here or hold assets in more than one country, the structure of your estate has to fit Maltese law. Tell us your situation and we match you with a warranted Maltese advocate who handles estate planning.
- Wills, succession and the reserved portion under the Civil Code
- Notarial deeds drafted in Maltese, with practice conducted bilingually
- Cross-border estates moving between civil-law and common-law assumptions
Free and without obligation. We share your request only with advocates who handle estate and succession work in Malta.
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Why this matters
Estate planning in Malta: a codified system with a genuinely bilingual practice
Malta is a mixed jurisdiction. Its private law sits in the Civil Code, first enacted in 1868 and rooted in the French Code Napoléon, while public, procedural, administrative, commercial and company law carry strong English common-law influence. That combination shapes estate planning directly: succession, matrimonial property and the formalities for wills and deeds follow codified Maltese rules rather than the testamentary freedom you may take for granted elsewhere. Notarial intervention is central, and the law reserves a portion of the estate for descendants and for a surviving spouse. An estate planning lawyer in Malta works within those rules daily. We give no advice; we listen to your situation and match you, free of charge, with a warranted Maltese advocate who handles estate planning and succession.
Malta in practice
How estate planning works in Malta
Maltese succession, property and family property law is codified and bilingual, shaped by both the continental and the English traditions, and heavily influenced by EU law since 2004. These are the features that most often determine how a Maltese estate can be arranged.
A mixed jurisdiction: codified yet adversarial
Maltese private law follows the continental tradition through the Civil Code of 1868, which derives from the French Code Napoléon, complemented by a Commercial Code. Public, procedural, administrative, commercial and company law bear strong English common-law influence. The system is codified yet adversarial, and the doctrine of binding precedent, essential to a pure common-law system, is absent. Malta is therefore a recognised mixed jurisdiction.
The reserved portion limits testamentary freedom
Maltese succession law restricts freedom of testation through the reserved portion, a right reserved by law for descendants and the surviving spouse. Children are entitled to one-third of the value of the estate where there are up to four children, or one-half where there are five or more. The surviving spouse takes one-fourth in full ownership where there are children or descendants, and one-third where there are none. Foreign testators cannot assume common-law testamentary freedom will prevail.
Wills and property deeds pass before a Notary Public
Malta maintains a separate profession of Notary Public, a public officer appointed by the State who authenticates and drafts public deeds, distinct from the advocate who pleads before the courts. Wills, succession acts, marriage settlements and company acts are central to notarial intervention. The transfer and encumbrance of immovable property culminates in a public deed, and ownership passes only upon its execution and registration; the preliminary contract of sale, the konvenju, is also normally drawn up by a notary.
Community of acquests is the default matrimonial regime
A marriage celebrated in Malta produces by operation of law the community of acquests between the spouses, unless they opt by public deed for a different regime such as separation of estates or community of residue under separate administration. Property acquired through the spouses’ work or industry during the marriage, and the fruits of their separate property, fall into the community. The spouses cannot derogate from the mandatory provisions on that community.
One unified profession, plus legal procurators
Malta has a single type of lawyer, the advocate, with no barrister and solicitor division. Practising requires a warrant issued by the President of the Republic under the Public Seal, and the profession is regulated through the Commission for the Administration of Justice, with the Chamber of Advocates appointing three of five members of the disciplinary committee. A distinct legal procurator handles procedural acts such as service and filings.
Maltese and English in the same file
Maltese and English are both official languages and legislation is enacted in both, with the Maltese text prevailing in case of conflict. Maltese has been the language of the courts and of notarial deeds since 1934, while legal education at the University of Malta is taught in English. Court rulings and deeds are drafted in Maltese, but English is widely used in commercial and cross-border practice.
All country data on this page is taken from official Maltese and European sources — the Laws of Malta, the Judiciary of Malta and the European e-Justice Portal — consulted in 2025.
Where clients get stuck
The assumptions that go wrong in a Maltese estate
Most problems we see do not come from a missing document. They come from transferring expectations built in another legal system onto Maltese law.
Assuming complete testamentary freedom
You have been told you may leave your estate to whomever you wish. In Malta the Civil Code reserves a portion of the estate for descendants and for a surviving spouse, and none of that can be assumed away by a will drafted elsewhere.
Forgetting that deeds are drafted in Maltese
Wills, marriage settlements and transfers of immovable property pass before a Maltese notary and are drafted in Maltese, the language of notarial deeds since 1934. Formal defects are easier to prevent than to repair years later.
Overlooking the default matrimonial regime
A marriage celebrated in Malta creates the community of acquests by operation of law unless the spouses chose another regime by public deed. That default decides which assets belong to the estate and which do not.
How we help
Matching you with the right Maltese advocate
We do not advise on your estate. We identify the lawyers whose daily work covers it, and put you in touch quickly and without cost.
A warranted Maltese advocate
Every lawyer we match you with holds a warrant to practise in Malta and is regulated through the Commission for the Administration of Justice, so your matter is handled by someone accountable under Maltese law and its professional rules.
Civil-law and common-law fluency
Maltese advocates work inside a codified system that also borrows heavily from the English tradition and from EU law. That dual grounding matters when your estate touches property, accounts or heirs in more than one country.
Notarial steps coordinated
Because wills and transfers of immovable property are concluded as public deeds before a Notary Public, your advocate can align the notarial steps with the advisory, filing and succession work that surrounds them, in one sequence.
Fees you can anticipate
Advocates’ and legal procurators’ fees in Malta follow statutory tariffs in the schedules to the Code of Organisation and Civil Procedure, and contingency-fee arrangements are ethically prohibited, so the framework is set out in advance.
Cross-border estates
We help clients with Maltese interests across Europe
Malta’s position between the civil-law and common-law worlds makes it a natural bridge for families scattered across Europe. Wherever you are based, we can match you with a Maltese advocate who handles estates with an international element.
Questions clients ask
Estate planning in Malta: frequently asked questions
Do I need an estate planning lawyer in Malta if my will was made abroad?
Not automatically, but a foreign will is read through Maltese succession rules, and the reserved portion in favour of descendants and the surviving spouse cannot simply be assumed away. A warranted Maltese advocate can explain how your existing will interacts with the Civil Code before anything is filed, executed or registered in Malta.
Why is the Notary Public so important in Maltese estate planning?
In Malta the Notary Public is a separate public-officer profession. Wills, succession acts, marriage settlements and company acts pass through notarial intervention, and the transfer or encumbrance of immovable property is completed by a public deed: ownership passes only on execution and registration of that deed. The preliminary contract of sale is normally drawn up by a notary as well.
What is the reserved portion under Maltese law?
The Civil Code reserves part of the estate for descendants and for the surviving spouse. Children are entitled to one-third of the value of the estate where there are up to four children, or one-half where there are five or more. The surviving spouse takes one-fourth in full ownership where there are children or descendants, and one-third where there are none.
Which language will my Maltese estate documents be in?
Maltese and English are both official languages, and legislation is enacted in both, with the Maltese text prevailing in case of conflict. Maltese has been the language of the courts and of notarial deeds since 1934, while legal education is taught in English. Deeds and judgments are drafted in Maltese, but day-to-day practice is genuinely bilingual.
Who is entitled to practise as a lawyer in Malta?
There is one unified profession: the advocate, with no barrister and solicitor split. Practising requires a warrant issued by the President of the Republic under the Public Seal, and the profession is regulated through the Commission for the Administration of Justice. A separate legal procurator handles procedural acts such as service and filings.
How much does it cost to be matched with a lawyer?
Nothing. Our matching service is free and carries no obligation, and you decide afterwards whether to instruct the advocate. If cost is a concern, note that advocates’ and legal procurators’ fees follow statutory tariffs in the schedules to the Code of Organisation and Civil Procedure, and legal aid is separately administered by Legal Aid Malta.
Next step
Tell us about your Maltese estate and we will match you
Describe your situation in a few lines — property in Malta, a spouse or children, assets in another country, a will already drafted elsewhere. We review it and match you with a warranted Maltese advocate who handles estate planning and succession, at no cost and with no obligation on your side.