A Certificate of Heirship is a crucial legal document in Malta's succession and inheritance framework. It is required when dealing with the distribution of assets following a person's death, particularly when formal proof of heir status is needed for banks, property transfers, or other official proceedings. The certificate details the deceased's personal information, identifies all legal heirs and their respective shares in the inheritance, and confirms their rights under Maltese law. This document is especially important in Malta's legal system, where inheritance laws combine elements of civil law tradition with local customary practices. The Certificate of Heirship must be prepared by a qualified Notary Public and requires various supporting documents and verifications to ensure its legal validity.
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1. Identification of Deceased: Full legal name, ID number, last address, date and place of death of the deceased person
2. Civil Status Declaration: Marital status of the deceased at time of death, including history of marriages if relevant
3. Legal Basis of Succession: Whether succession is testate or intestate, with reference to any existing will
4. Identification of Heirs: Complete list of legal heirs, their relationship to the deceased, and their respective shares in the inheritance
5. Declaration of Rights: Clear statement of the inheritance rights and portions of each heir according to Maltese law
6. Verification Statement: Declaration confirming the accuracy of the information and compliance with Maltese law
7. Notarial Attestation: Official certification by the Notary Public with their seal and signature
1. Foreign Assets Declaration: Required when the deceased owned assets in foreign jurisdictions
2. Multiple Marriage Details: Needed when the deceased had multiple marriages to establish rights of various family members
3. Minor Heirs Protection: Required when any of the heirs are minors, detailing guardianship arrangements
4. Renunciation Statements: Included when any potential heirs have renounced their inheritance rights
5. Reserved Portion Claims: Required when there are claims for legitimate portion under Maltese law
1. Schedule A - Death Certificate: Certified copy of the death certificate of the deceased
2. Schedule B - Family Tree: Detailed family tree showing relationship of all heirs to the deceased
3. Schedule C - Supporting Documents: Copies of marriage certificates, birth certificates, and other relevant civil status documents
4. Schedule D - Will Documentation: Copies of any wills or testamentary documents if applicable
5. Schedule E - Public Registry Searches: Results of searches in the Public Registry confirming no other wills or heirs
6. Appendix 1 - Identity Documents: Copies of identification documents of all heirs
7. Appendix 2 - Asset Inventory: List of known assets forming part of the deceased's estate
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