Can foreign nationals inherit property located in Malta?
- 09.06.2026
I keep hearing the term ‘disposable portion’ mentioned in relation to Maltese wills and inheritance, alongside the concept of a reserved portion for children and spouses. I don’t fully understand the difference or how the disposable portion is actually calculated in practice.
Under the Civil Code, Chapter 16 of the Laws of Malta, the disposable portion refers to the part of a testator's estate that they remain genuinely free to distribute however they choose through a will, in contrast to the reserved portion (legitim), which is legally protected for specific close relatives, primarily children and the surviving spouse, and cannot be freely disposed of regardless of the testator's wishes. In practical terms, the disposable portion is calculated as whatever remains of the estate's value after deducting the total reserved portion due to the relevant protected heirs, meaning if, for example, children collectively hold a reserved portion of one-third of the estate and a surviving spouse holds a further one-quarter, the disposable portion would be what remains after both these reserved shares are accounted for, and it's within this disposable portion that a testator has genuine freedom to leave assets to anyone they choose, whether that's other family members, friends, or even a charitable cause, without needing to satisfy any forced heirship requirements. Given how the exact calculation depends on the specific number of protected heirs and the overall composition of the estate, if you're either planning your own will or trying to understand your rights as an heir in relation to someone else's estate, having a lawyer or notary calculate the specific figures applicable to your situation would give you a much clearer and more reliable picture than general percentages alone.
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