The relevance of secret wills and the formalities for their creation and publication

Abstract

The estate of an individual is considered to be part of the identity of an individual, therefore it is implicit that one would tend to regulate his succession and the devolution of his estate in a manner he deems appropriate. Under Maltese law, testate succession may take place with the use of either two forms of wills, these being public or secret wills. This writing explores the concept of secret wills, which is often sidelined when individuals consider regulating their estate by testate succession. Therefore, the purpose of this writing is to create greater awareness and understanding of what secret wills entail. Throughout the chapters, the author examines the procedures involved for the creation of secret wills, their delivery to the Court of Voluntary Jurisdiction and the procedures adopted for their opening and publication. Moreover, the report will conclude by exposing the benefits and repercussions that secret wills bring along with them, whilst providing practical reasons for the use of secret wills. This shall lead to a conclusion on whether nowadays secret wills are considered relevant within society.