Malta will drafting services are essential where immovable property or other assets are located in Malta, particularly for internationally mobile individuals and families. Under Maltese private international law, the succession of Maltese immovable property is governed by Maltese law, regardless of the testator’s nationality or country of residence.
This service focuses on the preparation, review and coordination of wills under Maltese law, ensuring that testamentary intentions are legally effective and capable of implementation. It is frequently required where foreign wills exist, where assets are held across multiple jurisdictions, or where family circumstances necessitate careful structuring to avoid future uncertainty or disputes.
Our advice is practical, discreet and cross-border aware, supporting clients in putting in place wills that operate smoothly within Malta’s succession framework.
Understanding Will Drafting Under Maltese Law
Drafting a will in Malta is not a purely administrative exercise. It is a formal legal act governed primarily by the Maltese Civil Code (Cap. 16), which imposes specific requirements as to form, capacity, reserved portions, and execution. A will that does not comply with these rules may be challenged, partially unenforceable, or entirely null.
For internationally mobile individuals, the complexity increases. Maltese succession law may apply by reason of lex situs in respect of immovable property located in Malta, regardless of the testator’s nationality or domicile. Careful drafting is therefore essential to ensure that testamentary intentions are recognised and implemented without unintended conflict between jurisdictions.
Why Malta for Will Drafting
Malta’s succession framework is particularly relevant for individuals with assets, property, or family connections spanning multiple countries. Maltese law continues to play a decisive role where Maltese-situated immovable property is concerned, even when foreign succession regimes or foreign wills exist.
At the same time, Malta is party to EU instruments such as the EU Succession Regulation (Regulation (EU) No 650/2012), which may affect applicable law and jurisdiction in cross-border estates, subject to important exclusions and reservations. Drafting a Malta-specific will allows these rules to be addressed with precision rather than by assumption.
Our Will Drafting Expertise
Our practice advises on the preparation of wills that are legally effective, strategically structured, and aligned with broader estate and succession planning objectives. We draft wills for Maltese nationals, expatriates, and international families who hold property or assets in Malta or who require coordination between Maltese and foreign testamentary instruments.
Our advice extends beyond wording. We assess capacity, family composition, reserved portions, matrimonial regimes, and the interaction between testamentary freedom and mandatory heirship rules, ensuring that the will reflects both legal constraints and personal intentions.
Our Experience With International and Maltese Wills
We regularly assist clients residing outside Malta, including families based in the United States, Canada, the United Kingdom, Australia, and other jurisdictions with historic or ongoing ties to Malta. In many cases, a Malta-specific will forms part of a wider estate plan, operating alongside foreign wills to avoid overlap, revocation risks, or interpretative uncertainty.
Our experience includes drafting wills governing Maltese immovable property, shareholdings in Maltese companies, and assets held through trusts or fiduciary arrangements, as well as advising heirs and executors on the interpretation and implementation of testamentary dispositions.
Our Approach to Will Drafting
We adopt a structured and preventative approach to will drafting. Each engagement begins with a legal mapping exercise, identifying which assets fall within Maltese jurisdiction, which succession rules apply, and where conflict risks may arise. Drafting is then carried out with a view to enforceability, clarity, and future administration, not merely immediate execution.
Where appropriate, we coordinate with foreign advisors to ensure consistency across jurisdictions, while maintaining the integrity of the Maltese will as a standalone legal instrument capable of operating independently if required.
How Our Will Drafting Services Can Help You
Our Malta Will Drafting Services typically include advice on testamentary structure under Maltese law, preparation of public or secret wills as appropriate, and coordination with existing foreign wills or estate planning arrangements. We also assist with updates, revisions, and replacements of existing wills to reflect changes in family circumstances, asset composition, or applicable law.
The focus throughout is legal certainty – reducing the risk of disputes, delays, or unintended outcomes for heirs and executors.
