Can I write my own will by hand in Malta and have it be valid?
No. A will written at home by hand (holographic) is not valid in Malta — and nor can you completely leave out your children or your husband or wife. The Civil Code (Cap. 16) recognises only two types of will: the public will, made before a notary with two witnesses and published and enrolled in the registry, and the secret will, which you may write but must deliver to the notary or the court according to the procedure. The myth: that it is enough to write on paper "this is my will," sign it, and it counts — as happens in some countries. In Malta a holographic will like that is legally worthless, easily lost, and contested. On top of that, the law reserves a minimum share (the legitim, Article 615): the children together are entitled to a third of the estate if they are not more than four, and a half if they are five or more; the husband or wife is entitled to a quarter if there are descendants, or a third if there are none. So you cannot "leave everything to someone else."
📋 The rules
- The Civil Code (Cap. 16) recognises only two types of will: the public (before a notary) and the secret.
- A holographic will (handwritten at home) is not valid or enforceable in Malta.
- The public will is made before a notary with two witnesses, and is published and enrolled in the registry.
- The legitim (Art. 615): the children together get a third if not more than four, and a half if five or more.
- The husband or wife is entitled to a quarter if there are descendants, or a third if there are none.
🔓 Exceptions
- The secret will you may write yourself, but it is valid only if you deliver it to the notary or the court according to the procedure of the law.
- A will made outside Malta may be recognised if it was validly made under the law of that country.
- The disposable portion of the estate (the part not reserved as legitim) can be left to whomever you wish.
⚠️ Penalties & fines
A "will" that does not follow the form of the law is not simply weak — it can be ignored altogether. If you leave behind only a handwritten sheet, the family can find itself as if you had left no will at all, and the estate is divided by the rules of intestate succession — often the opposite of what you wanted. That means disputes, delay and legal costs among the heirs, and even a forced sale of property to split the shares. If you try to leave out children or a spouse, their reserved share (the legitim) can be claimed back from the court, and the heir you favoured can be ordered to pay the value of that share. In a real case, a court ordered an heir to pay thousands of euro as legitim to relatives left out. The practical advice: go to a notary, make a valid public will, and take advice on the legitim so that your wishes are actually carried out.
📎 Official sources
- Legislation Malta · Civil Code (Cap. 16) — wills and succession →
- Identità · Public Registry — searches on wills →
- Courts of Malta · succession and legitim matters →
❓ Frequently asked
Is a handwritten will valid in Malta?
No, a holographic will written at home is not valid or enforceable in Malta, and it can be ignored altogether. The law recognises only the public will, made before a notary, and the secret will, which must be delivered to the notary or the court according to the procedure.
Can I make a will without a notary?
The only way to write a will yourself is the secret will, but even that must be formally delivered to the notary or the court to be valid. In practice, most people make a public will before a notary, which ensures the wishes are properly recorded.
Can I leave my children out of the will?
No, not entirely — the law reserves a minimum share (the legitim) for the children: a third of the estate if they are not more than four, and a half if they are five or more. If you try to leave them out, they can claim their share back from the court.
What share does my husband or wife get?
The surviving spouse is entitled to a quarter of the estate if there are children or other descendants, or a third if there are none. This reserved share is protected by law, so you cannot leave your husband or wife with nothing through a will.
What happens if I die without a valid will?
If you leave only an invalid will or nothing, the estate is divided under the rules of intestate succession, which do not always match what you would have wished. This often leads to disputes and costs among the heirs, so a valid public will avoids many complications.
🔎 Common searches
What people search to land here:
- “writing your own will malta”
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