Notary services in Malta
Everyone needs a notary at one point or another. Whether you are getting into a business engagement and require a contract or you have to deal with a case of family inheritance, the services of a notary are often required. What are the top services that the lawyers in Malta undertake?
Buying a property
Are you buying a real estate property? Whether it is a condo or a townhouse, a notary is a key player from the start to the end of that transaction. The notary public Malta carries out the necessary searches to verify that the seller is the legal owner of the property and that there are no constraints to prevent the property from being sold. If all is clear, they prepare and publish the deed of sale and calculate the taxes that need to be settled between the buyer and seller. Once the purchase goes through, they are always open to answer any further questions that you may have regarding the property.
Power of Attorney
Due to ill health or even long-distance, you may become unable to attend to your personal or business affairs. This may require that you issue a trusted individual the authority to carry out some or all transactions on your behalf. This is known as power of attorney and it needs to be notarized before it holds any legal weight.
A will is an important document that spells out the distribution one’s property, who becomes the guardian of any minors and indicates the executor who will administer a person’s estate upon death. A will can take two forms: a public will or a secret will. A public will is drawn up in front of a notary and two competent witnesses. Notaries in Malta offer legal advice to individuals who wish to draw up a will and make sure that all requirements of the will have been met. The will is then registered in the Public Registry and is only opened when the person who drew the will (testator) passes on and a copy of the death certificate is presented to the notary.
An individual may choose to write his will and not divulge its details to anyone, even the notary. He will then hand the secret will to a notary who will draw up the Act of consignment and deposit the original will in the Civil Court registry. It will only be open upon the person’s death and on the issuance of a copy of the death certificate.
Successions are pretty straight forward if one had drawn a will indicating who the heirs of his assets will be. However if not, there is a law in place that establishes who the heirs will be according to the degree of family relations among the survivors.
Maltese law allows for some agreements or acts to be conducted by private writing (“skrittura privata”). For instance, one can pledge over rights through private writing in accordance to the law. A notary gives guidance on how to do concise writings for a particular purpose.