MALTA SUCCESSION LAWYERS

Succession law in Malta finds its roots in Roman law which today still provides the basis for this important civil law institute.

Succession Lawyers in Malta

Over the years, the Maltese Civil Code provisions have evolved hand in hand with social changes and today adequately cater for all aspects of inheritance in Malta. The Civil Code provides for testate succession (where the deceased left a will), intestate succession (where no will was left), the reserved portion (previously known as the ‘legitim’) in favour of children and the surviving spouse, for legacies and various other articles regulating the manner in which one’s estate is to devolve.

Wills

At IURIS we advise heirs, legatees and beneficiaries on the interpretation of wills, both secret and public, where necessary making recourse to the Court of Voluntary Jurisdiction for the opening of successions. We also advise on the drawing up of wills to Maltese citizens and non-Maltese, bearing in mind one’s estate and other circumstances. Foreigners who have retired to Malta, or simply holiday in their Gozo farmhouse typically own their property, and thus tend to draw up wills to regulate their Maltese estate. We can help draft wills which are tailor-made for our clients’ needs.

Causa mortis declarations

Where estates comprise immovable property, heirs must declare this by means of a public deed and pay thereon the relative stamp duty at a rate which varies depending on a number of circumstances. Fiscal benefits may be derived for timely declarations.

IURIS, a Malta Succession Law Firm, is geared to provide this service in a prompt and efficient manner by drafting the relative deeds and where necessary, appearing on behalf of clients by means of a power of attorney.

Testamentary executors and administrators

IURIS lawyers have provided assistance to testamentary executors and administrators involved in the administration and partition of estates, advising on their obligations, rights and security they are to provide in the course of their duties during the administration and leading up to the partition of an inheritance.

Liquidation and partition of an inheritance

The partition of an inheritance can get complicated not least because of family feuds and conflicting claims. The location of the assets in different jurisdictions can further complicate matters. The way in which immovable properties devolve typically depends on the lex situs; a property in Malta or Gozo would thus be regulated by the laws of Malta. We can assist beneficiaries to an inheritance with the recovery of their share, including the release of funds held with local or foreign banks, the transfer of shares, bonds and movable property and the division of any immovable property. We also offer advice in those cases where an inheritance may be subject to different systems of law depending on the applicable rules of private international law.

Trusts

The Trusts and Trustees Act enables the setting up of trusts for succession purposes. IURIS practitioners may help in both the setting up a succession trust and its regular and daily administration. We also offer advice to settlers, beneficiaries and trustees alike. For more information please refer to Trusts, foundations and voluntary organisations.