How is jointly owned property in Malta treated when one owner dies?
- 15.07.2026
A family member in Malta recently passed away, and the will that has emerged seems very different from what we understood their wishes to be, and we have genuine concerns it may have been signed while they were under undue pressure from another family member who was heavily involved in their care in their final months. Can a will actually be challenged on these grounds?
Yes, Maltese succession law recognises that a will can be challenged where genuine consent was not properly given at the time it was executed, and undue influence or coercion that overrides the testator's genuine free will can potentially be grounds to challenge the validity of a will under general principles connected to the Civil Code, Chapter 16 of the Laws of Malta, alongside the specific formal requirements for a valid will, such as proper notarisation for a public will or the correct procedure for a secret will, since a defect in either the genuine consent behind the will or the formalities of its execution can each separately provide grounds for challenge. Successfully challenging a will on grounds of undue influence is generally evidentially demanding, since it requires demonstrating that the testator's own free will was genuinely overridden rather than simply that the outcome seems surprising or unfair to family members who expected differently, meaning concrete evidence, such as the deceased's documented wishes at other times, the specific circumstances and relationship dynamics involved, and potentially medical or other supporting evidence, would be important to properly assess and build such a challenge. Given the seriousness and evidential complexity of challenging a will on these grounds, this is a matter where consulting a lawyer experienced in contentious succession matters as early as possible would be important.
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