What happens when one passes away? Ask the Notary: Successions – Causa Mortis – Denunzja

What happens when one passes away? Ask the Notary: Successions – Causa Mortis – Denunzja

About Successions / Causa Mortis / Denunzja

After a person passes away, his or her heirs carry on that person’s personality and receive any assets or debts that the individual may have had. One must check to see if the dead left a will before figuring out who the heirs are. If the answer is yes, the heirs will often be named in the will. If not, the heirs are determined by law based on how closely related the survivors are to one another.

Leaving bequests in one’s will is another option. A legacy is a decision made by the testator, the person who creates the will, to give a specific item to a certain person.

Immovable property succession must be done through a causa mortis deed that has been fully registered and published by a notary public. Immovable property succession is taxable (at varied rates depending on the circumstances).

The amount of tax due will accrue interest at a rate of 8% per year if the causa mortis deed is not completed within a year of the death.

 

Frequently asked question:

My father just passed away. Do I need to locate and get in touch with the notary who published my father’s will to resolve succession issues?

No, you can get in touch with any notary you like. The notary will conduct testamentary searches to determine which will or wills govern the deceased’s inheritance. After determining this, the notary will obtain a copy of the relevant will and direct you accordingly.

 

At SBC Notaries we can help you:

  • Find out if a will had been written during the deceased’s lifetime,
  • We conduct searches on the person.
  • Give interested parties a reading of the will.
  • Calculate the succession tax owed on real estate
  • Preparation and release of the causa mortis deed
  • Within the legal time constraints, we pay the succession tax and register the causa mortis deed.
  • Furthermore, we take care of all the paperwork necessary for the transfer of any funds, stocks, bonds, and other assets held by the deceased in banks, the Malta Stock Exchange, other financial institutions, private businesses, etc.
Need professional assistance? Contact or call us directly on +356 99446815 for an immediate appointment.

Dr Sylvana Borg Caruana - Malta Notary Public and Commissioner for Oaths

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