Notary Public & Commissioner for Oaths


I am a co-owner of an inherited property with six other persons, which property is currently for sale. I intend to move abroad shortly and I will not be able to return to Malta for any eventual sale. Should I give a general power of attorney to a member of my family?

Assuming that you will not be present when a buyer is found and that you want to sell your share in the property, then a power of attorney is the best instrument for you. However, be aware of the difference between a general power of attorney and a special power of attorney. A general power of attorney will enable the attorney to do all sorts of acts on your behalf, whereas a special power of attorney will only be applicable for the specific acts mentioned therein. In this case, your needs can be adequately taken care of if you authorize the attorney to sign any promise of sale and final deed of sale on your behalf, to give any guarantee on your behalf in relation to the sale of the property, to collect your share of the price and to pay any taxes on your behalf. Therefore, a special power of attorney limited to these actions only would suffice.

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