Can I leave my estate to whomever I want in Malta, or is there a reserved share?
No — in Malta you cannot leave your whole estate to whomever you want, because the law reserves a share for your children and spouse. This share is called the reserved portion (formerly "the legitim"), and it is in Article 615 of the Civil Code (Cap. 16). The children together are entitled to one-third (1/3) of the estate if they are not more than four, and one-half (1/2) if they are five or more. The surviving spouse is entitled to one-fourth (1/4) in full ownership if there are descendants, or one-third (1/3) if there are none. The myth: that "the will decides everything" or that your parents are entitled to a share. Not true: since 2005, ascendants no longer have a reserved portion, and the reserved portion today is a credit of value against the estate — not a share in a particular piece of property. No distinction is made between children born in or out of wedlock.
📋 The rules
- The reserved portion (the former "legitim") is in Article 615 of the Civil Code (Cap. 16) and reserves a share for children and the spouse.
- The children together get one-third (1/3) of the estate if not more than four, and one-half (1/2) if five or more.
- The surviving spouse gets one-fourth (1/4) in full ownership if there are descendants, or one-third (1/3) if there are none.
- Since 2005 (Act XVIII of 2004), ascendants (parents) are no longer entitled to a reserved portion.
- The reserved portion today is a credit of value against the estate — not a right over a specific piece of property — and no distinction is made between children born in or out of wedlock.
🔓 Exceptions
- The part of the estate left after the reserved portion — the disposable portion — can be left to whomever you want by will.
- The reserved portion can be excluded only in limited circumstances recognised by law (for example disinheritance for grave reasons).
- Certain lifetime donations are brought back into the calculation (collation) to determine the value of the reserved portion.
⚠️ Penalties & fines
This is not a matter of a "fine", but the consequences of a will that ignores the reserved portion are real and costly. If you leave someone less than their reserved share, the aggrieved heir can ask the court to have their reserved portion abated from the excess dispositions, and your division plan is overturned. This often leaves long, bitter lawsuits within the family, high legal costs, and long delays before the estate is distributed. Because certain donations you made during your lifetime are brought back into the calculation, even large gifts to one child can be challenged by the others. On top of that, an heir can be liable for the estate's debts if they accept the inheritance without the benefit of inventory. A poorly planned will, then, can cost your heirs far more than you think.
📎 Official sources
- Legislation Malta · Civil Code (Cap. 16) — Article 615 (reserved portion) →
- Identità · Public Registry (registration of wills and acts) →
- servizz.gov.mt · information on wills and succession →
❓ Frequently asked
Can I leave everything to my spouse or to just one child?
No — the law reserves a share, called the reserved portion, for all the children and the surviving spouse, which you cannot cancel by will. You can freely dispose only of the disposable portion, that is, what remains after the heirs' reserved share is protected.
How much is the reserved share for children?
The children together are entitled to one-third (1/3) of the estate if they are not more than four, and one-half (1/2) if they are five or more. No distinction is made between children born in or out of wedlock, and all have an equal right.
How much does the spouse get?
The surviving spouse is entitled to one-fourth (1/4) in full ownership of the estate if the deceased leaves children or other descendants. If there are no descendants, the spouse's reserved share rises to one-third (1/3) of the estate.
Are my parents entitled to a share of my estate?
No — since 2005, following the 2004 reform, ascendants such as parents are no longer entitled to a reserved share of the estate. This is a change from the old law, and many people still wrongly think parents always have a right.
What happens if the will ignores the reserved portion?
An heir left less than their reserved share can ask the court to have the reserved portion abated from the excess dispositions of the will. Because the reserved portion today is a credit of value, the heir receives the value due to them, and this often leads to long family lawsuits.
🔎 Common searches
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