Can a will made abroad be recognised for property owned in Malta?
  • Home
  • Questions
  • Can a will made abroad be recognised for property owned in Malta?

Can a will made abroad be recognised for property owned in Malta?

1 answer

Answer to the question

0
0
0

20.07.2026

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.

Site Administration 22.07.2026
reply date: 22.07.2026

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.

Похожие вопросы

How much of my late spouse’s estate am I entitled to in Malta?

1 answer
01.06.2026
My spouse in Malta recently passed away, and we have two children together. I want to understand what I'm actually entitled to inherit from their estate under Maltese law, both in terms of my rights as surviving spouse specifically and how this interacts with what our children are entitled to.
0
0
0

Can a will be challenged in Malta if we think it was signed under pressure?

1 answer
09.06.2026
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?
Читать далее
0
0
0

Can I disinherit my spouse in Malta if we’re already legally separated?

1 answer
02.07.2026
My spouse and I in Malta are legally separated, though not yet divorced, and given how our relationship has broken down, I'd like to know whether I can exclude them from inheriting from my estate through my will, or whether their spousal inheritance rights continue regardless of our separation.
0
0
0

Is inherited property in Malta subject to inheritance tax?

1 answer
12.08.2026
I'm about to inherit property in Malta from a family member's estate, and I'm trying to understand what tax implications this actually has. I've heard conflicting things about whether Malta even has an inheritance tax as such, or whether the relevant cost is actually something else entirely.
0
0
0

Can I be held responsible for my deceased parent’s debts in Malta?

1 answer
02.08.2026
My parent in Malta recently passed away and I understand I'm entitled to inherit as their child, but I've also learned they had some outstanding debts. I'm concerned about whether I could personally become responsible for paying off these debts simply because I'm inheriting from the estate.
0
0
0

What happens if someone in Malta dies without leaving a will?

1 answer
04.07.2026
A close family member in Malta recently passed away without leaving any will at all, as far as we can tell. We're not sure how the estate is actually supposed to be distributed in this situation, or who has the authority to start dealing with it.
0
0
0
Show all