Can I disinherit my spouse in Malta if we’re already legally separated?
- 02.07.2026
A relative in Malta passed away and I’ve been informed I’m entitled to inherit part of their estate. I haven’t yet decided whether to accept or renounce, given some uncertainty about the estate’s actual financial position. Is there a deadline by which I need to make this decision?
Maltese succession law under the Civil Code, Chapter 16 of the Laws of Malta, does not impose an automatic, universal fixed deadline by which every heir must formally decide, but there are important related time considerations worth understanding, since an interested third party, such as a creditor of the estate or another heir, can potentially compel you to make a decision within a court-specified timeframe if your indecision is causing genuine complications for administering the estate, and separately, taking certain actions that imply acceptance, such as dealing with estate assets as your own, can result in you being treated as having accepted the inheritance even without a formal declaration. Given the uncertainty you mention about the estate's financial position, it would be sensible to avoid taking any action that could be interpreted as implied acceptance until you have properly investigated the estate's actual assets and liabilities, since this uncertainty is precisely the kind of situation where a more considered decision, potentially including formal renunciation if the debts outweigh the assets, needs proper information first. A lawyer can help you investigate the estate's true financial position efficiently and advise on the appropriate timeframe for making your decision given your specific circumstances.
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