Notary Public & Commissioner for Oaths


My father has just died. Do I need to find and contact the notary who had published my father’s will in order to sort out succession matters?

No, you can contact any notary of your choice. The notary will carry out testamentary searches to establish which will/s regulates the deceased’s inheritance, and will then obtain a copy of such will and guide you accordingly.

Is any tax due on bank deposits?

No tax is due on bank deposits or other movables. Tax is only due on immovable property.

What tax is due on immovable property?

The default rate is 5% of the present value of the immovable property owned by the deceased. However, one may be entitled to certain exemptions and reduced rates depending on a number of circumstances such as when the inherited property was the ordinary residence of the deceased or of the beneficiary.

For instance, there is no tax on the deceased's ordinary residence when this property is left to the deceased's surviving spouse.

Also, since January 2013, there is an exemption from tax on the deceased's ordinary residence when such property is left to his children.

A relative has died and has left me a sum of money by title of legacy? Should I contact the bank in which the dead relative’s money was deposited?

No. The banks will not enter into the merits of legacy as they only recognize the heir who literally steps into the shoes of the deceased. Therefore, all bank deposits will be released to the heir. As legatee, you should first establish who the heir/s is/are and then make a formal demand to heir/s whereby you claim the amount due to you by title of legacy. This demand is to be made within 10 years from the date of death. If the heir/s refuse to fulfill the legacy, then you have to take legal action against him/her/them.

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Laws of Malta