Maltese law on Succession is well evolved and today regulates all aspects of inheritance. The Maltese Civil Code provides for testate succession (where the deceased left a will), for intestate succession (where no will was left), for the reserved portion (previously known as ‘legitim’) seeing to rights of children and the surviving spouse, for legacies and various other articles regulating the manner in which one’s estate is to devolve.
At IURIS Malta we advise on the interpretation of wills, both secret and public, at times making recourse to the Court of Voluntary Jurisdiction for the opening of successions. Depending on one’s estate and wishes, we advise clients on the best manner in which they can regulate their inheritance, providing peace of mind for them and their loved ones. We can help draft wills tailor-made for our clients’ needs.
Causa Mortis Declarations
Where estates comprise immovable property heirs must declare this by means of a public deed, and paying thereon the relative stamp duty, which varies depending on whether the property inherited is a residence or not. Fiscal benefits may be derived for timely declarations. IURIS Malta is geared to provide this service in a prompt and efficient manner by drafting the relative deeds and where necessary by appearing on behalf of clients by means of a power of attorney.
Testamentary Executors / Administrators
Our team has provided assistance to Testamentary Executors / Administrators involved in the administration and partition of estates, giving them sound advice on their obligations, and on the manner in which they are to proceed.
Liquidation and Partition of an Inheritance
We can assist beneficiaries to an inheritance with the recovery of their share, including the release of funds held with local or foreign banks, the transfer of shares or bonds and movable property, and the division of any immovable property. We also offer advice in those cases where an inheritance may be subject to different systems of law depending on the applicable rules of private international law.
We can also assist the heirs of an estate with the process of obtaining a Grant of Probate from a foreign court, in those cases where the testator held funds in a bank or other financial institution outside Malta.
The Trusts & Trustees Act enables the setting up of trusts for succession purposes. At IURIS Malta we can help in setting up a trust which is tailored to our clients’ needs and assist in the process from start to finish, including the regular implementation and administration thereof. We also offer advice to settlers, beneficiaries and trustees alike. For more information please refer to the ‘Trusts’ heading.