You may choose to transfer and dispose of any part or all of your property during your lifetime, either by an outright sale, donation or settling into a trust. A donation is made by means of an authentic act drawn up by a notary public. However, it is important to keep in mind not to exceed the disposable portion allowed by law when transferring property by gratuitous title, since according to Maltese law, a portion of one’s estate is reserved for the children and the surviving spouse.

If, when donating property, the disposable portion allowed by law is exceeded, that donation will be subject to rights of clawback and may therefore be annulled in whole or in part and the property re-entered into the estate of the deceased. The notary will be able to give dependable guidance when computing the actual disposable portion of one’s estate.

One needs to also ensure that through such donations one is not put in a financially insecure situation.

Property can also be settled into a trust during your lifetime or through your will, for the benefit of specified beneficiaries or a class of beneficiaries, ensuring that the trustee administers the property in terms of the dispositions made in the trust deed for the benefit of the persons receiving under the trust.