Do I need a Maltese notary to handle an inheritance, or can any lawyer do it?
- 29.06.2026
I have a will drafted and executed in my home country, which is outside Malta, but I also own property in Malta. I want to understand whether my existing foreign will would actually be recognised as valid for dealing with my Maltese property, or whether I need a completely separate Maltese will specifically for that.
Whether a foreign will is recognised as valid for dealing with property located in Malta can depend on several factors, including whether the will was validly executed according to the formal requirements of the country where it was made, and how Maltese private international law rules on succession interact with your specific circumstances, though it's important to note that Maltese succession law, under the Civil Code, Chapter 16 of the Laws of Malta, applies mandatorily to immovable property situated in Malta in certain respects, meaning even where a foreign will is otherwise recognised, Maltese forced heirship rules regarding the reserved portions for children and spouse may still need to be respected regarding your Maltese property specifically, regardless of what your foreign will provides or what rules apply in your home country. Given the genuine cross-border complexity involved, including how any applicable EU Succession Regulation rules on cross-border estates might interact with your specific nationality and residence situation, and how Maltese forced heirship rules apply to your Maltese property regardless of your foreign will's provisions, this is a situation that specifically calls for advice from a Maltese notary or lawyer experienced in cross-border succession matters, ideally in coordination with wherever your foreign will was originally drafted, to ensure your full estate plan works coherently across both jurisdictions.
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