Having a will to regulate one’s succession is an important step in one’s personal estate planning process. Whether one wishes to regulate his personal estate or whether it is a matter of ensuring business continuity in relation to business affairs, it is always advisable to dedicate some time for organising one’s affairs and draw up a will that reflects one’s intentions and wishes.

In terms of Maltese legislation, two types of wills can be drawn up. A public will is published by a Notary in the presence of two witnesses and it is thereafter enrolled at the Public Registry. A secret will can be drawn up by the testator himself and thereafter it must be duly conserved in the Court Registry. In any case, the contents of any form of will remain confidential during the testator’s lifetime.

It is advisable for non-Maltese residents who purchase immovable property in Malta to draw up a will in Malta to regulate the succession of their immovable asset in Malta. In every such instance, care is taken to avoid possible conflicting interpretations of a plurality of wills, and to consider all Private International Law implications in structuring such estates.

At Micallef & Associates, we regularly advise clients, both Maltese residents and non-Maltese residents, on their succession planning process, offering comprehensive advice and assistance.