Planning
Maltese succession law reserves a portion of an estate for certain heirs, which limits how freely an estate can be disposed of by will. Planning within that framework, rather than discovering it afterwards, is the point of taking advice early.
We advise on the drafting of wills, on the treatment of property held jointly, and on how a business interest passes, which is frequently the most difficult asset in an estate and the one most often left unaddressed.
Estates with a foreign element
Many families in Malta hold assets in more than one country, or have heirs living abroad. That raises questions of which law governs the succession and how a foreign will interacts with Maltese property. We advise on both, and coordinate with counsel in other jurisdictions through the Global Law Experts network where required.
Disputes over estates
Where an estate is contested, the disputes tend to concern the validity of a will, the calculation of reserved portions, or the conduct of an heir administering the estate. These matters are difficult because they are rarely only about money, and we handle them with that in mind.
What we assist with
- Drafting and reviewing wills
- Succession planning within the reserved-portion framework
- Administration and division of estates
- Cross-border estates and foreign heirs
- Disputes over validity and entitlement
- Transfer of immovable property between heirs
Common questions
- Can I leave my estate to whomever I choose?
- Not entirely. Maltese law reserves a portion of the estate for certain heirs. We advise on what can be freely disposed of and on planning within those limits.
- I have assets in another country. Which law applies?
- It depends on the assets and the circumstances, and an EU regulation is relevant in many cases. This is exactly the situation worth taking advice on before making a will rather than after.
- Can a will be challenged?
- Yes, on defined grounds. We act both for those challenging a will and for heirs defending one.