⚠️ This guide was researched and updated in May 2026. Laws and regulations change frequently. For specific legal advice regarding your jurisdiction, please consult with local legal counsel.
Do I Need a Notary to Write a Will in Malta?
Malta sets stricter formal rules for wills than common-law countries. A will is normally received by a notary or delivered sealed as a secret will, and the reserved portion limits what it can do. This guide sets out what that means and where preparation helps.
The short answer
Usually, yes. Most wills in Malta are public wills received by a notary in the presence of two witnesses, and the notary then registers the will.
The Civil Code also recognises a secret will: you write and sign it, seal it and deliver it to a notary or the court registry in front of two witnesses. A handwritten will kept at home is generally not enough on its own.
You can still prepare the content yourself. Setting out your wishes, executors and guardians in advance, for example with an online service, can make the notary appointment shorter. See also choosing a will service in Malta.
What tends to call for extra advice
The notary step applies to everyone. These are the situations where people most often also take advice from an advocate before it.
Children or a spouse
Children and a surviving spouse are generally entitled to a reserved portion of the estate, so a will that leaves them less can be challenged.
A joint will with a spouse
Spouses can make one unica charta will together. How it treats the survivor and the children is worth thinking through before signing.
A business
Company shares or a family business usually need a succession plan that sits alongside the will rather than inside it.
Assets in several countries
Property abroad may be governed by other rules, and people who live in Malta but are nationals elsewhere often ask which law applies.
Wanting the contents kept private
A secret will keeps the contents from the notary, but nobody checks the wording, so mistakes surface only after death.
Straightforward estate, clear wishes
A modest estate with clear wishes usually needs only the notary, with the content prepared in advance.
What actually decides whether a will is valid in Malta
A recognised form
The will is made as a public will before a notary, or as a secret will delivered sealed to a notary or the court registry.
Two witnesses present
Two witnesses attend when a notary receives a public will or a secret will is delivered.
It can be traced
A notary registers a public will, so it can be found after death rather than relying on someone knowing where it is kept.
The content is yours
The notary records your wishes. Preparing them in advance is what makes the appointment quick and the will complete.
Frequently asked questions
Can I write my own will in Malta without a notary?
You can write it yourself as a secret will, but it still has to be sealed and delivered to a notary or the court registry to count. If in doubt, consider speaking to a qualified professional in Malta.
Do I need an advocate as well as a notary?
Not usually. Many people see only the notary. An advocate is more common where there is a business, property abroad or a question about the reserved portion.
Can I leave my estate to anyone I choose?
Not entirely. Children and a surviving spouse are generally entitled to a reserved portion, which a will cannot take away.
Can a married couple make one will together?
Yes. Spouses in Malta can make a joint unica charta will in one document. Each spouse can still revoke their part of it later.
Prepare your will before the notary
Set out your wishes with our guided will, then take them to a notary. If your estate is complex, you can find a legal professional and carry your answers into that conversation.
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