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⚠️ This guide was researched and updated in May 2026. Laws and regulations change frequently. For specific legal advice regarding your jurisdiction, please consult with local legal counsel.

Malta Will & Estate Planning Guide flagMalta Will & Estate Planning Guide

Read about will creation and estate planning in Malta. This guide covers witness rules, probate processes and jurisdiction-specific considerations that may apply. Rules vary, so consult a qualified professional for advice on your circumstances.

Estate Planning in Malta at a Glance

Malta has a civil-law succession system, set out in its Civil Code and rooted in Roman law. A will is usually made before a notary, either as a public will or as a secret will, and the law reserves a share of the estate for certain close family members. Malta does not currently levy an inheritance tax, although duty can apply when some assets, such as property or company shares, pass on death.

  • Succession rules are set out in the Maltese Civil Code
  • A public will is received by a notary in the presence of two witnesses
  • A secret will is sealed and delivered to a notary or to the court registry
  • A reserved portion of the estate is protected for children and a surviving spouse
  • No inheritance tax, although duty can apply to property or shares passing on death
  • The EU Succession Regulation applies to cross-border estates

Will Requirements in Malta

Creating a will in Malta typically involves national rules and any local variations. Witness requirements, signing procedures and other formalities can vary by jurisdiction, so consult a qualified professional for advice specific to your circumstances.

Witness Requirements: Public will: notary public plus 2 witnesses. Secret will: notary seals will with 3 witnesses present
Holographic Wills:Formal witnessing is generally required

Inheritance Tax in Malta

Malta does not currently impose an inheritance tax

Family Shares and Estate Administration in Malta

Protected family shares: Maltese law protects a reserved portion of the estate for a person's children and surviving spouse, which a will generally cannot take away except on the limited grounds the law sets out. The size of each share depends on the family, for example on how many children there are, so the part of an estate that can be left freely by will varies from one family to another.
Administering the estate: Malta has no probate court procedure of the kind used in common-law countries. Notaries search the public will registers, a secret will is opened and published after death, and heirs usually make a declaration causa mortis to record inherited assets such as property. Timescales depend on the size and complexity of the estate, and a European Certificate of Succession can help heirs prove their status in other EU countries.

Related Resources

What Happens Without a Will?

Read about intestacy rules and how an estate may be distributed if you die without a will.

Global Inheritance Tax Guide

Compare inheritance tax rates, thresholds and exemptions across countries.

Digital & Physical Will Signatures

How signing rules differ across jurisdictions and where digital signatures may be accepted.

Create a will with Malta guidance

Our platform helps you create a will with structured prompts that incorporate Malta rules at each step. Consult a qualified professional for advice on your circumstances.

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