The Requirements For A Valid Will Under Maltese Law

Under Maltese law, wills are mainly regulated by the Civil Code, Chapter 16 of the Laws of Malta (the "Code"), which inter alia defines a will as an instrument by which a person disposes of his/her property for the time when he/she shall have ceased to live, and establishes that wills can always be revoked by the person making such will, who is referred to as a 'testator'.

In terms of the Code, wills can be either public or secret wills. Public wills are drawn up in front of a notary and two witnesses and are registered in the Public Registry, and record of such a will is held there and in the appointed notary's records.

By contrast, secret wills are drawn up with the sole purpose of the public not knowing whether a testator would have executed his/her will or otherwise. In this regard, such a will is drawn up by the testator himself and handed to a notary, who shall deposit the will in the Registry of the Court of Voluntary Jurisdiction and the notary himself