What’s the difference between a public will and a secret will in Malta?
- 30.07.2026
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.
When a person dies without a valid will, their estate is distributed through intestate succession under the Civil Code, Chapter 16 of the Laws of Malta, which sets out a defined order and proportion of inheritance among surviving relatives based on their relationship to the deceased, generally prioritising the surviving spouse and children first, and only extending to more distant relatives such as parents, siblings, or further relations where closer heirs do not exist, following a specific hierarchy set out in the Code rather than an equal division among all living relatives regardless of closeness. The practical process of administering an intestate estate in Malta typically involves identifying all the deceased's assets and liabilities, properly determining the legal heirs entitled to inherit under the intestate succession rules, and formally transferring ownership of assets, particularly immovable property, through the required legal and notarial procedures, which is considerably more involved without a will providing clear direction. Given the complexity of correctly identifying all legal heirs and properly administering an intestate estate, especially where real estate or other significant assets are involved, it would be strongly advisable to engage both a notary and a lawyer experienced in succession matters to guide the family through this process correctly.
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