What happens if someone in Malta dies without leaving a will?
- 04.07.2026
I’m dealing with an inheritance matter in Malta involving property left by a relative, and I keep hearing about needing to involve a notary specifically, separate from a lawyer. Is this actually a distinct requirement, and what’s the difference between what a notary does versus a lawyer in this context?
Yes, in Malta, notaries and lawyers (advocates) are genuinely distinct professions with different, though sometimes overlapping, roles, and for inheritance matters involving immovable property specifically, involving a notary is generally an essential and required step, since notaries in Malta hold the specific authority to draw up and formalise the notarial deeds needed to properly transfer or declare title to immovable property following a death, including handling the calculation and payment of applicable causa mortis duty, and registering the relevant documentation in the Public Registry. A lawyer, by contrast, is typically more involved where there is an actual dispute or contentious issue requiring representation, such as challenging a will, resolving a disagreement among co-heirs, or pursuing a partition action if siblings cannot agree on jointly inherited property, situations that go beyond the straightforward, uncontested formalisation of an inheritance that a notary would typically handle. For a genuinely straightforward, uncontested inheritance involving property, engaging a notary is generally the essential and primary step, but if any disputes or complications arise during the process, or if you need broader legal advice beyond the property transfer itself, involving a lawyer alongside the notary would be advisable to ensure your interests are properly protected.
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