Examining the formalities and contents of wills published in Malta throughout the years

Abstract

The Notarial Profession and Notarial Archives Act requires the Notary Public to conduct title examination. When necessary, title examination involves testamentary searches, which consist of a compilation of will searches, both in the public registry for public wills and in the Court of Voluntary Jurisdiction for secret wills. The notary must get a copy or extract of the original will and it must be examined. As a result, the Notary or any other person delegated with the power to conduct examination of title must be aware of the will formalities in effect at the time of the will's execution in order to determine its validity and eventually enforce the will to fulfil the wishes of the testator. The author believes that there has been a lack of knowledge about previous laws that regulated wills under Maltese Law over the years, and as a result, an examination of the most important provisions and amendments in the Civil Code and the Notarial Profession and Notarial Archives Act will be made. The author will also examine the factors which may have impacted the dispositions of testators over the years. In addition, the significance and effects of declarations made in wills by both testators and notaries, as imposed by law will also be examined, together with any amendments which may have effected such declarations. By the end of the professional report, the author will be able to identify the amendments which took place from 1927 till present day, whether any legal modifications in respect to will formalities are necessary under Maltese law, the formalities which are required for the different types of wills under Maltese law, as well as being able to distinguish between a valid and invalid will.