How much of my late spouse’s estate am I entitled to in Malta?
- 01.06.2026
I’m planning my will in Malta and I’d like to attach some conditions to what I leave certain family members, for example requiring a grandchild to reach a certain age or complete their education before receiving their share. Is this actually something Maltese law allows me to do?
Maltese succession law under the Civil Code, Chapter 16 of the Laws of Malta, does generally allow a testator some flexibility to attach conditions to bequests within the disposable portion of the estate, such as age-related conditions or conditions tied to specific milestones like completing education, though any such condition needs to be lawful, sufficiently clear, and genuinely capable of being fulfilled, since a condition that is impossible, illegal, or contrary to public policy would generally not be given effect and could affect how that part of the bequest operates. It's important to understand that conditions cannot generally be used to circumvent the reserved portion (legitim) due to protected heirs such as children, meaning if the family members you want to attach conditions to are also entitled to a reserved share, that protected minimum portion generally cannot be made conditional in the same way you might structure the disposable portion of the estate. Because properly structuring conditional bequests, including how they interact with reserved portions and how they will practically be administered and verified over time, involves genuine legal complexity, this is something that should be carefully drafted with a notary or lawyer experienced in succession planning, rather than attempted through informal wording.
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