As stated in my previous posts, the year 2005 brought about various changes and amendments to the Maltese law of succession. In this regard many married couples ask whether a change in will is required if the said will was published pre-2005.
In light of the 2005 amendments which lifted various limitations between spouses it is suggested that married couples revise their will if it was published before 2005.
Why is this? Before 2005 leaving heir your husband/wife meant that one is only leaving their spouse 3/4 in usufruct and 1/4 in ownership. Indeed, today the amendments allow for each of the spouses to leave everything in ownership to each other (deducting reserved portions only).
Regards, Notary Clara Farrugia Grixti
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