ASK YOUR NOTARY

Q: I’m a 35-year-old single male with no children. Should I bother with a will?

A: Absolutely, everyone, regardless of age or family status, should consider having a will.

Here’s why:

Avoiding a legal limbo: Without a will, your assets may be subject to complex legal processes — what we call “dying intestate” — leaving your loved ones with unnecessary stress and paperwork during an already difficult period of grief.

Clarity and ease of distribution: By creating a will, you provide clear instructions on how you want your assets to be distributed. When you create a will, you tell people how you want your things divided up when you’re gone. If you don’t have a will, your family might have to prove they’re your family in court before they can get what you left them.

This involves hiring a lawyer or notary to start the legal process, which includes gathering your death certificate, checking for any other wills (testamentary searches), and making a family tree.

After that, a judge will go through everything and request an announcement in a local newspaper. This allows anyone who believes they might inherit to come forward before the court decides. Once this step is complete, the judge will officially declare who the heirs are, and a notary can handle the paperwork to distribute the assets.

A will not only simplifies the process for your heirs but also ensures your wishes are respected.

Preventing family disputes: A well-drafted will can help prevent potential conflicts among family members over the distribution of your assets. By clearly outlining your intentions, you can minimise the risk of disagreements and disputes.

Inheritance for non-family members: If you have individuals or organisations outside of your immediate family whom you wish to benefit from your estate, a will allows you to make provisions for them.

Flexibility and customisation: With a will, you have the freedom to customise your estate plan according to your preferences. Whether it’s leaving specific gifts to loved ones supporting charitable causes, or passing on a donation to a loyal friend, a will enables you to express your values and priorities.

Financial planning for future generations: If you have children or grandchildren, a will allows you to plan for their financial security and future needs. You can designate funds for their education, healthcare or other expenses, providing them with a valuable foundation for success.

Peace of mind: Perhaps most importantly, creating a will provides you with peace of mind, knowing that your affairs are in order and that your wishes will be carried out as you intended. It offers reassurance that your loved ones will be taken care of and that your legacy will endure.

While it may be tempting to postpone creating a will, the benefits far outweigh any inconvenience or discomfort. Consult with a legal professional, such as a lawyer or notary, to discuss your options and ensure your will accurately reflects your wishes and provides maximum protection for your estate.

Investing the time and effort now will provide invaluable peace of mind for you and your family in the future, without the additional grief.

If you have any questions you wish to ask the Notarial Council of Malta send any email to notariesofmalta@gmail.com