is the procedure through which a person receives several assets that belonged to a deceased person, who has stipulated in a will who are his or her successors and what each person/s is/are entitled to inherit. Although the procedure comes into effect at a sensible moment in life, several legal aspects
have to be undertaken and we recommend you to get legal advice
from a law firm in Malta
Inheritance procedure in Malta
After the opening of the will
, the successors to the inheritance have to follow specific steps in order to legally receive the ownership of the assets
stipulated in the document. If the deceased did not leave a will, the successors are the closest relatives. Our Maltese lawyers
can offer you details on how the inheritance will be distributed, in the situation in which there is no written testament
The notary will hand in the testament in the moment when the death certificate is issued. In case of inheriting immovable properties, the successors must hire an architect to prepare an evaluation of the buildings.
After the evaluation is done, the successor must pay a 5% transfer tax from the evaluation price of the building. If the successor is the life partner of the deceased, he or she must pay, at the transfer of ownership, a 5% tax on half of the evaluation price.
No will – inheritance procedure
Not all citizens leave a will after their death. In this case, the Maltese law states that first in line as successors are the children. If the couple did not have children, the inheritance will be given to the surviving spouse. If there are children and a surviving spouse, the belongings of the deceased will be equally shared between the above mentioned. Our lawyers in Malta can provide you with information on how the inheritance may be distributed, according to the family structure of the deceased.
Inheritance procedures opened from 17 August 2015 on, are solved under the Cross Border Succession Law
, applicable to persons with more than two nationalities. When deciding to write a will
, they can choose the succession law from any of the country whose nationality they possess.
If you need legal advice on inheritance procedures in Malta
, our Maltese law
firm can help you throughout the process. Please contact our attorneys in Malta
, who can offer you consultations on this matter.