Married couples in Malta have two main options when making a will: they may either draw up separate wills, or opt for a joint will known as a will unica charta. Each option has different legal implications, particularly when it comes to changes and revocation.
Separate wills
One arrangement when it comes to wills is for each spouse to make their own individual will. In this case, each will operates independently and can be freely changed or revoked by its testator at any time, without the knowledge or consent of the other spouse. This provides flexibility, especially if circumstances change over time, such as changes in family structure, financial position, or personal wishes. When one spouse dies, the surviving spouse remains free to amend their own will as they see fit.
Unica charta wills
A will unica charta is a single will made jointly by both spouses in the same document. It normally reflects the couple’s shared wishes regarding the distribution of their estate. The key characteristic of a unica charta will is that the spouses’ dispositions are usually reciprocal, meaning each spouse leaves their estate to the other or arranges matters jointly. While both Testators are still alive, this will may only be varied or revoked by both of them together. However, once one spouse passes away, the surviving spouse may vary or revoke the testamentary dispositions made by the surviving spouse in the will after the demise of the other spouse.
Can a unica charta will be changed?
While both spouses are alive, the will can be amended or revoked, but only if both spouses agree to the change. If only one spouse wishes to revoke it, this typically requires replacing the joint will entirely with separate wills.
Once one spouse has passed away, the surviving spouse may vary or revoke the testamentary dispositions made by the surviving spouse in the will.
Why choose a unica charta will?
Some couples prefer a unica charta willbecause it formalises their shared testamentary plan and ensures that the one spouse cannot change the agreed distribution of the estate without the consent of the other spouse. This is often used where spouses want certainty that property will ultimately pass to particular heirs, such as their children.
Separate wills, on the other hand, are preferred by couples who want greater flexibility, allowing each spouse to revise their testamentary arrangements independently over time.
Can spouses have both a unica charta will and separate wills?
No, these two types of wills cannot exist at the same time. You may have a number of unica charta wills each one superseeding the last or treated as additional to the last, and you may also have a number of separate wills each one superseeding the last or being read in conjunction with the rest.
What if spouses have already made a unica charta will and one spouse later makes a separate will on their own?
Should a separate will be drawn up while a unica charta will is still in force, the spouse who has varied or revoked the testamentary dispositions made by them in the will during their lifetime shall lose any benefit they may receive in terms of the will and the provisions of Articles five hundred and ninety-three (593) and five hundred and ninety-four (594) of the Civil Code shall apply.
Contact us today to set up an appointment for the drafting of your will, whether you prefer separate wills or a single unica charta will. We will guide you through the process, ensure your wishes are clearly reflected, and structure the document in a legally sound and efficient manner tailored to your circumstances.
