Law to be tweaked to allow for new EU succession rules

National law is set to be update to accommodate new EU rules intended to ease cross-border succession.

“While freedom of movement is one of the EU’s main pillars, it has created problems regarding cross border successions,” Justice Minister Owen Bonnici said in Parliament during the second reading of a Bill to implement the EU’s Succession Regulation.

The regulations, that are set to come into force in August, will create a European Certificate of Succession that will be recognized as a sign of legitimate heirship in all EU countries, except for the UK, Ireland and Denmark who have chosen not to adopt these regulations. Successions will be treated under a single law and by a single authority and people will decide whether their succession laws should be those of their habitual residence or nationality.

Property law, family law, the decision on who is to inherit what as well, and the tax arrangement for succession assets will continue to be governed by national governments. Heirs will be free to decide whether to apply for an EU Succession Certificate or use other legal instruments

In Malta, the Civil Courts and notaries will be able to issue this Succession Certificate, and these must inform the Public Registry whenever they issue one. While the Court will be able to issue it under any circumstances, notaries will only be able to do so if all the will-maker’s beneficiaries agree on the certificate’s contents. Disagreements over the contents will be solved in court.

The Public Registry will keep two books - one for the registration of applications, and another for their registration of certificates by courts and notaries. It will cost €20 to register a succession certificate with the Public Registry.

Judicial processes to cancel or change the contents of a succession certificate will be heard by the First Hall of the Civil Court, and their decisions will be appealable in the Court of Appeal.