Malta - British Expat Forum

Folks,

Would anyone be prepared to help with some advice on how Wills and inheritance is processed in Malta and how you get hold of a copy of a Will?

In Brief - my partners Aunt, resident in Malta for 10+ years, recently passed away after a lengthy illness. The Aunt had a friend lodging with her for two and a bit years prior to her death.

After several weeks waiting for the hospital to issue a death certificate, we've been told by the lodger that the will has been opened and he is the sole beneficiary of everything; The deceased Aunt's sister and my partner are both shocked and stunned that they've been omitted, but the lodger is refusing to send us a copy of the Will himself.

We've been able to contact the Solicitor, whom the lodger said was the appointed Solicitor of the deceased Aunt, but he is refusing to reveal any details of the will and he is insisting we have to obtain a copy through the Maltese judiciary.

It may all be completely accurate, but the family are telling me they simply don't believe it and they are terribly upset, but of course I don't know where to start.

The deceased Aunt was resident in Swieqi and was treated in Mater Dei hospital and passed away on the 4th October 2011.

Thank you for any assistance.

Gavin.

Hi Gavin

my (layman's) understanding is

1. I believe its a notary (or a lawyer) not a solicitor (small point)
2. bigger point - Maltese wills follow the French Napoleonic law, in that they have to be "fair" and can be challenged on "fairness" (unlike the UK system)

If the "solicitor" is being unhelpful, I recommend you contact a Maltese Lawyer or a notary to give you advice, and if necessary to represent you, and to do so ASAP.

ps is your partner the closest living relative of her aunt ? It maybe that the "solicitor" requires proof of the family relationship before allowing her to see a copy of the will.

Something else - a Maltese will for a foreigner generally only covers the estate in Malta - did your partner's aunt have any assets/liabilities outside of Malta ?

Gozomark,

Thanks very much for the help. I've found the list of notaries on the british consulate web site ... going to kick this off first thing Monday. We've been over twice whilst is Aunt was in hospital and have previously met with the hospital specialist, and the lawyer and they've seen documentation. Part of our concern is the very cold and brusque treatment we received from the lawyer and the lodger when we were over and she was still alive.

The estate is entirely in Malta, nothing needed over here.

The British High Commission in Malta may well be able to offer advice on this - there maybe a section on their website

Hi Gavin. I am in the middle of trying to sort out my late father's estate here in Malta and this is what I've learned so far.

All Maltese wills have to be registered with the courts and there are two sorts of wills, the sort of public one and a so called 'secret' will. A Notary must check that there isn't a 'secret will and must apply to the courts for their permission to implement the primary will. This involves someone making a formal itemisation of the value of all the assets of the deceased which the courts will then scrutinise this and either approve it or not. It's a complete pain but its supposed to prevent unscrupulous relatives syphoning off things so that there's less for the heirs. This is not a quick process at all, I am still waiting for a court date 6 months later.

Personally I wouldn't believe a thing that any notary 'appointed' by the lodger tells you, the lodger is not a family member and I would have thought that the courts here would take a dim view of a relative stranger interfering in family business. I get the impression that the procedures here are constructed to protect the interests of the family above everything.

You need to get hold of a decent notary here and I agree that the British High Commission is as good a place to start as anywhere. It all sounds a bit off to me as I'm sure it does to you. Good luck.

Thanks to the kind folks who helped nudge me in the right direction. We've finally got a copy of the Will and it turns out that my Partner's Aunt's will was changed whilst she was in hospital, in the presence and the instigation of the lodger and one of his friends. As context, his Aunt was taken in after falling and breaking her wrist, but was found to have advanced liver failure and passed away 125 days later.

From our own telephone conversations and visits to the hospital, she wasn't of sound mind from the day she was taken in, so it looks like the circumstances of this new will are very suspect. It's greatly added to the upset and misery of the family over here. Not only have they lost a beloved Sister and Aunt, but it now looks like coercion and robbery were involved.

We're looking for a solicitor to start legal action, but we realise this could be a long and painful process.

Quote:

We've finally got a copy of the Will and it turns out that my Partner's Aunt's will was changed whilst she was in hospital, in the presence and the instigation of the lodger and one of his friends.

Not wanting to add to your distress, but have you tried contacting the Maltese police to see if they can take any action? If nothing else you would then have a recorded report of the 'hospital will' being contested whilst you search for a suitable lawyer.