Succession in Malta
15-02-2023

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Can I retain some rights associated with the assets I give away? Can I reserve a right of reclaim?

Yes, you may decide to retain the right of use and usufruct on the property for a certain number of years or until your demise. The right of use and usufruct will give the right to use (e.g. live in) the property and also the right to reap any benefits (fruits) of the property (e.g. rent out the property and receive the income). This right will remain in force for as long as the transferor determines and will not be affected if the person who acquired the property decides to sell it. The notary will be able to indicate other conditions and reservations that can be made in a deed of donation in order to retain certain rights over the property in specific cases.

In case of a trust, the trustee is only empowered to carry out those acts and administer the property in the manner indicated in the trust deed. You may also be indicated as the first beneficiary of the trust during your lifetime.

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Kunsill Notarili Malta

91, Tarxien rd,

Paola, Malta, Malta

Tel.: +356 21 80 65 55

Fax: +356 21 67 61 33

notus maltanet net

www.nutar.eu

Information for non-EU European countries is available on the International Union of Notaries (UINL) website at the following link.