Succession Law

Our Succession Law Expertise

Succession law in Malta regulates how estates devolve on death, whether through testamentary succession, intestate succession, or alternative planning structures such as trusts. Our practice combines technical succession law expertise with practical private-client experience, allowing us to advise clients at every stage of the succession lifecycle.

We regularly assist clients who wish to plan ahead, those administering estates following a death, and families seeking to resolve or avoid succession-related disputes.

“Succession planning in Malta is not about simply drafting a will. It requires an understanding of mandatory heirship rules, property location and the interaction between Maltese law and foreign succession systems.”
Dr Charlene Mifsud, Partner

Succession Law and Immovable Property in Malta

Succession of immovable property situated in Malta is governed by Maltese law under the lex situs principle, regardless of the deceased’s nationality or residence. This rule has far-reaching consequences for Maltese emigrants and foreign nationals who own property in Malta.

Foreign wills and foreign succession regimes may not produce the intended effect in respect of Maltese property. For this reason, it is often advisable for property owners to regulate their Maltese estate through a Maltese-law will, drafted before a local notary, to ensure clarity and enforceability.

Wills Under Maltese Succession Law

A will takes effect upon death and may dispose of assets by universal or singular title. Maltese law recognises different forms of wills, including public wills and secret wills, each subject to strict formal requirements.

While testamentary freedom is recognised, it is limited by forced heirship rules designed to protect descendants and the surviving spouse. These mandatory provisions reserve a portion of the estate in favour of protected heirs and may override dispositions that conflict with statutory entitlements.

Our lawyers advise clients on structuring wills that comply with Maltese law while aligning with wider estate planning objectives, including coordination with foreign wills.

Intestate Succession Under Maltese Law

Where no valid will exists, or where a will does not dispose of the entire estate, succession occurs by operation of law. Maltese intestate succession rules establish a hierarchy of heirs based on family relationship, prioritising descendants and spouses, followed by ascendants and collateral relatives.

Intestate succession often gives rise to complexity in cross-border families, particularly where heirs reside in multiple jurisdictions or where expectations differ from the statutory outcome. We assist clients in navigating these rules and implementing inheritance rights efficiently.

Succession Planning Through Trusts

In addition to wills, trusts may be used as part of succession planning under the Malta Trusts and Trustees Act. Trusts can provide continuity, asset protection and structured governance across generations.

Our practice works closely with experienced trust professionals, including authorised trustee companies, to establish and administer trusts that complement succession planning objectives, particularly for international families and complex estates.

Our Approach to Succession Matters

We approach succession law with a preventative and strategic mindset. Our advice focuses on identifying risks early, aligning legal structures with family objectives, and ensuring that succession outcomes are legally sound and practically workable.

We regularly coordinate with foreign lawyers, notaries, trustees and family offices to ensure seamless cross-border succession planning and estate administration.

How Our Succession Lawyers Can Help You

Our Succession Law Practice assists clients with:

• drafting and reviewing Maltese-law wills;
• estate and succession planning for Maltese and cross-border estates;
• probate and estate administration in Malta;
• intestate succession and heirship matters;
• succession of Maltese immovable property;
• representation of non-resident heirs through powers of attorney;
• succession disputes and contentious inheritance matters

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