The notary’s role in safeguarding the validity of wills under Maltese law

Abstract

This professional report aims to comprehensively analyse the validity of wills within the framework of our laws, shedding light on potential challenges. A will is defined as a revocable instrument by which a person disposes of their property posthumously, guided by legal rules. The report emphasises the significance of this testamentary right, often described as a source of comfort akin to religion in the face of mortality. The role of the Notary Public, based on trust and autonomy, is explored as essential in accurately determining and formalising parties' intentions, thus preventing misunderstandings and costly legal disputes. The Notary's involvement assures impartial resolutions, avoiding misconceptions and financial burdens. This report proposes establishing distinctive guidelines for Notaries when handling testators' final wishes, safeguarding their intentions and mitigating posthumous challenges. Organised into three chapters, the report delves into will categorisation, creation, revocation, nullification, and references to pertinent court judgments. Highlighting the legislator's intent to safeguard and reflect testators' wishes within wills, the report underscores how the Notary, as a public officer, assumes the responsibility of adhering to these formalities, thereby protecting the testator's intent. The report references previous dissertations, acknowledging the datedness of these sources and the need for current insights that accurately reflect today's legal landscape and the evolving role of Notaries. It discusses legal amendments over the years and their impact on the Notary's role in safeguarding testators' wills. Summarily, this report offers an in-depth examination of will validity, the role of Notaries, legal amendments, and the need for contemporary insights in the realm of testamentary law.