Which law applies?
Can I choose the law applicable to my succession?
Last update: 10/3/2012
This depends on the deceased’s “domicile”. Indeed, the law applicable to the succession is the law of the country where the deceased had, at the time of his/her death, his/her “domicile”. It is important not to confuse this notion with that of ‘domicile’ within the meaning of the legal systems of continental Europe, as well as the concept of ‘nationality’. According to common law, the actual residence of a person is less important; what is decisive, however, is connecting to a certain legal system.
One exception exists for immoveable property. They are subject to the law of the country in which they are situated.
The testator cannot choose the law applicable to the succession.
Detailed information
Which criteria are used to determine the applicable law?
The normal rule is that the domicile at the time of death of the deceased will determine the law to regulate his/her succession. There is the possibility of having a domicile of choice which can be proved by various facts. Maltese law applies the lex situs to immoveable property.
Which principles govern the choice of applicable law?
Maltese law does not provide for the choice of applicable law.
