Wills & succession · Malta
Find wills lawyers in Malta who plan your estate around the Civil Code
Maltese succession rests on a civil-law Civil Code, yet procedure here feels English. That blend, plus a reserved portion for children and a surviving spouse, means a will drafted elsewhere may not fit. We match you with a warranted advocate who handles Maltese wills and cross-border estates — free of charge.
- Warranted Maltese advocates who work on succession, not generalists
- Clear guidance on the reserved portion and the notarial form of a will
- One short description of your situation is enough to be matched
Free matching · No obligation · First replies usually within 24–48 hours
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Wills and succession in Malta
What makes a Maltese will different
If you hold assets in Malta, or you are a Maltese resident with family abroad, a will is rarely a simple document. Maltese succession law sits on a civil-law foundation: the Civil Code of 1868 follows the French Code Napoléon, while procedure and commercial law carry a strong English common-law imprint. That mix means testamentary freedom is not unlimited, and a will that would be perfectly valid in London or Dublin may need rethinking for Malta. Wills lawyers in Malta read your family situation, your property and your cross-border ties together, then explain the choices that remain open to you. Tell us what you need and we match you, free of charge, with a warranted advocate who handles Maltese succession and wills.
Malta in practice
How wills and succession work in Malta
Malta is one of the world’s recognised mixed jurisdictions: a codified civil-law core wrapped in English-style adversarial procedure. For anyone drafting a will that touches Maltese assets, four features matter most — forced heirship, the notarial form of the deed, who may act for you, and the bilingual language rules.
Freedom of testation is not unlimited
Maltese succession law reserves a portion of the estate to certain family members. Under Articles 615–616 of the Civil Code, children are entitled to one-third of the estate’s value where there are up to four children, or one-half where there are five or more. The reserved portion operates as a credit of value against the estate, so foreign testators cannot assume common-law freedom will apply.
The surviving spouse has a reserved share
Where there are children or descendants, the surviving spouse is entitled to one-fourth of the estate in full ownership; where there are none, that share rises to one-third (Articles 631–632). These rights sit alongside the matrimonial property regime, so a wills lawyer will normally look at how the couple’s property is held before advising on the will itself.
Wills are formalised before a notary
Malta maintains a separate profession of Notary Public — a state-appointed officer who authenticates public deeds, distinct from the advocate who pleads in court. Notarial intervention is central to wills, succession, marriage settlements and company acts, and since 1934 Maltese has been the language of notarial deeds. Instructions can be discussed in English, but the executed deed is drafted in Maltese.
Who may act for you
There is a single unified legal profession: the terms ‘lawyer’ and ‘advocate’ are interchangeable, with no barrister/solicitor split. A warranted advocate holds a warrant issued by the President of the Republic, having sworn the oaths before the Court of Appeal, and has rights of audience before all courts. A separate legal procurator handles procedural acts such as service and filings.
Fees, tariffs and legal aid
Advocates’ and legal procurators’ fees are set by statutory tariffs in the schedules to the Code of Organisation and Civil Procedure, which also guide the costs awarded against a losing party. Contingency-fee arrangements are ethically prohibited. Legal aid is administered by Legal Aid Malta; in civil matters applicants must pass a means test (net property value not exceeding EUR 13,000 over the preceding twelve months) and a merits test.
Two official languages, one legal system
Malta’s official languages are Maltese and English, and legislation is enacted in both, with the Maltese text prevailing in case of conflict under Article 74 of the Constitution. 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. English is widely used in commercial practice.
Every country-specific statement on this page comes from official sources — the European e-Justice Portal, the Laws of Malta portal, the Judiciary of Malta, Legal Aid Malta and the Chamber of Advocates — consulted in 2025.
- European e-Justice Portal — National justice systems: Malta
- European e-Justice Portal — Legal professions: Malta
- Laws of Malta — Civil Code, Chapter 16
- Laws of Malta — Civil Code provisions on commercial limitation
- Legal Aid Malta — Defining legal aid
- The Judiciary of Malta — The judiciary
- Chamber of Advocates (Kamra tal-Avukati)
Common problems
Why Maltese wills catch families out
Most difficulties we see do not come from bad intentions, but from assuming that the rules you know at home apply here.
You assume testamentary freedom applies
A will drafted abroad around complete freedom of testation can run into Malta’s reserved portion. Children and a surviving spouse hold rights the testator cannot simply wish away, so the plan needs checking against the Civil Code before it is signed.
Property and marriage are treated separately
Many families marry under the community of acquests, which arises automatically under Article 1316 unless a different regime is chosen by public deed. Drafting a will without examining how matrimonial property is held can produce an estate plan that does not match the real assets.
Cross-border estates stall on language and form
Court rulings and notarial deeds in Malta are drafted in Maltese, even though legislation exists in both official languages. Executors and heirs abroad often send documents that local authorities cannot act on directly, and translation or further authentication delays the whole succession.
How we help
What you get from the matching service
You keep control of the decision. We simply remove the guesswork about who actually practises in this field in Malta.
Specialists in Maltese succession
We match you with advocates who routinely handle wills, the reserved portion and notarial succession deeds under the Civil Code.
One brief, several suitable advocates
You describe the estate once. We compare it with our network and put forward lawyers who genuinely work in this area.
Cross-border experience
Useful where heirs, assets or an existing will sit in another jurisdiction and must be reconciled with Maltese rules.
No cost, no obligation
The matching service is free. Fees for the work itself follow the statutory tariffs in the Code of Organisation and Civil Procedure.
Cross-border estates
Where our clients’ Maltese wills usually connect
Malta’s bilingual, mixed legal system makes it a frequent meeting point for families spread across Europe. These are the jurisdictions that most often appear alongside a Maltese succession file when we match clients.
Questions
Frequently asked questions about Maltese wills
Do I need a notary as well as a wills lawyer in Malta?
In practice, yes — the two roles are separate. Malta has a distinct Notary Public profession, and notarial intervention is central to wills and succession, with the executed deed taking the form of a public act. An advocate advises on the law, the reserved portion and any dispute, while the notary formalises the will.
Can I leave my estate to anyone I choose in Malta?
Not entirely. The Civil Code reserves a portion of the estate for descendants and the surviving spouse. Children take one-third of the estate’s value where there are up to four, or one-half where there are five or more, and the surviving spouse takes one-fourth in full ownership where there are children, or one-third where there are none.
Does the community of acquests affect what my will can do?
If the marriage produces the community of acquests, it arises automatically under Article 1316 of the Civil Code, and the spouses cannot derogate from its mandatory provisions. Property acquired through the spouses’ work during the marriage, and the fruits of their separate property, fall into the community. A different regime requires a public deed.
I am not Maltese and own property in Malta. Can wills lawyers in Malta help?
Yes. Maltese succession rules apply to assets situated in Malta, and foreign testators cannot assume that common-law testamentary freedom will prevail. A Maltese advocate can review a will drafted elsewhere, explain how the reserved portion interacts with it, and coordinate with your adviser in your home country.
What does it cost to instruct a Maltese advocate?
Advocates’ and legal procurators’ fees are set by statutory tariffs contained in the schedules to the Code of Organisation and Civil Procedure, which also guide the costs a losing party may be ordered to pay. Contingency-fee arrangements are prohibited. Civil legal aid is available subject to a means test and a merits test.
In which language will a Maltese will be drafted?
Maltese has been the language of the courts and of notarial deeds since 1934, and deeds are drafted in Maltese. Legislation is enacted in both official languages, with the Maltese text prevailing under Article 74 of the Constitution. English is widely used in legal and commercial practice, so instructions can usually be given in English.
Next step
Tell us about the estate — we will find the right advocate
Describe your situation in a few lines: where the assets are, where the family lives, and whether a will already exists. We match you free of charge with wills lawyers in Malta who work on succession and cross-border estates, and you decide whether to instruct.