Which is the competent authority?
Who should I contact?

*Which international rules of jurisdiction apply to the assets of a national or a foreign citizen?

Since this is not a court procedure there is no issue of jurisdiction.

The civil law notary is empowered to act as a civil law notary (including in relation to successions) in relation to any person in Malta who requests his services.

• Which international rules of jurisdiction apply to the assets of the deceased if located abroad?

There is no difference under Maltese law whether the assets are located in Malta or abroad. Therefore no rules on jurisdiction apply.

Which authority is responsible for the succession procedure?

It is usually the civil law notary who is responsible for carrying out the procedures to ascertain who the deceased’s heirs are.
Any person who has reason to believe to be the heir, normally goes to the civil law notary of his/her choice to initiate the normal procedures to ascertain who the heirs of the deceased are.

How and by whom is the succession procedure instigated?

Any person who has reason to believe to be the heir, normally goes to the civil law notary of his/her choice to initiate the normal procedures to ascertain who the heirs of the deceased are.

How is the heir’s capacity checked?

The civil law notary carries out a search in the Public Registry to ascertain what “Public” wills were made by the deceased and he/she also carries out a search in the registry of the Court of Voluntary Jurisdiction to ascertain what “Secret” wills, (if any) were made by the deceased. Once the heir is ascertained he/she is presumed to be capable of succeeding.

Can or must an inventory of the estate be drawn up?

An inventory can always be drawn up by the heir. It is only in the following cases that an inventory is needed:-

a. If there are minor children as heirs or interdicted persons as heirs.
b. If the deceased nominated a testamentary executor in his/her will, then, before being confirmed by the Court of Voluntary Jurisdiction as testamentary executor, the Court will order the “executor” to draw up an inventory. It is common practice that the Court will order that the inventory be made by a public deed, and it also appoints the civil law notary who must publish the inventory, in the place and time ordered by the Court. Art 767. Civil Code States
c. The usufructuary unless exempt by the testator.
d. The trustee in fulfillment of his/her fiduciary obligations.
e. Unless ordered by the Court, (eg: where there are creditors of the deceased)

Is there a system regarding the administration of the succession?

The succession is administered as provided by the testator in his/her will or in a partition (which could be contractual or in a will). Where the testator is silent about administration in his/her will, it is the heir or heirs who will have to agree how the administration will take place and there are default rules as to what a co-owner can or cannot do (with the expectation of remuneration) and what he/she cannot do.

The law imposes on the heir a number of obligations (payment of debts, legacies, reserved portions) which the heir has to manage as he/she deems best. The heir may institute all legal proceedings on behalf of the estate (for the benefit of any creditor of the testator, the inheritance or his/herself).

When a testamentary executor is appointed, there are restrictions / (default) procedures subjecting his/her powers. The heir may also accept a trustee which will bring in the trust regime – allowing the heirs certain advantages innate to Maltese trust law.

Where the property is settled in trust (whether by will – which can be by universal title or by deed of settlement – which has to be of particular property) then administration is discretionary on the trustee which would have absolute liberty on how to dispose of the assets for the benefit of the named beneficiaries or the class identified.

Private foundations work in a similar manner and are as flexible or as rigid as the testator wishes in relation to property situated in Malta or outside Malta.

The law does not mandate how an estate must be administered.

How is the succession procedure closed?

There is no formal way of closing the procedures of succession. The civil law notary, having ascertained who the heirs are, proceeds to present all the necessary documentation of proof of title to the financial institutions where the deceased’s financial assets are deposited and obtains their release. The civil law notary will also publish those deeds concerning immoveable property forming part of deceased’s estate and collects the relative tax.

In the event that a testamentary executor was appointed to liquidate the deceased’s estate, then the executor is obliged to render an account of his/her administration to the Court of Voluntary Jurisdiction, who after examining the accounts, and after being satisfied that the executor’s administration is correct, orders the cancellation of the hypothec inscribed against the executor, which would have been registered against the executor before him/her having been appointed.

How is the estate transmitted to the heirs/legatees?

As regards the heir, ownership is transmitted automatically by devolution and by special fiction possession of the estate. A legatee and people having legitimes (former successor rights) and subjects entitled to a reserved portion have to demand possession or payment as the case may be.

Art 721. (1) Any pure and simple legacy shall vest the legatee, as from the day of the death of the testator, with the right to receive the thing bequeathed, transmissible to the heirs of such legatee, or to any person claiming under him/her.

Art 726. (1) The legatee must demand of the heir possession of the thing bequeathed. (2) In the case of immovable property the legatee may demand the grant of such possession be made by means of a public deed.