2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them?

2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them?

2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them? 150 150 ih_authacts
  • Wills – under Maltese legal system these necessarily take the form of an authentic act and are therefore drawn up only by a Notary public.
  • Causa mortis – the declaration of assets of a deceased for tax purposes is also drawn up necessarily in the form of an authentic act and therefore drawn up only by a Notary public. The purpose of this authentic act however is purely fiscal and therefore does not impact the Succession Regulation.
  • Renunciation of succession: A succession can be renounced to by means of an authentic act drawn up by a Notary Public. This can also be done by means of a note filed in the Registry of the Court of Voluntary Jurisdiction. (NB: Acceptance of succession happens automatically under Maltese succession legislation and is not done by means of an authentic act).
  • Inventory: A deed of inventory relating to the estate of a deceased person is also drawn up by means of an authentic act published by a Notary Public.
  •  Any other act of compromise between heirs.
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