S.L. 55.6 Art. 9Testate succession.

(1) Where the immovable devolved on the transferor by testate succession, the testamentary search shall form part of the searches.

(2) The provisions of sub-regulation (1) shall likewise apply to all transmissions within the prescriptive period.

(3) Where the succession is governed by a will executed abroad, it shall be the responsibility of the transferor to provide the notary with a copy of the all documents relative to the last testamentary dispositions of the testator, and such documents shall form part of the searches.

(4) Where the succession of any of the transferor’s predecessors in title within the prescriptive period is governed by a will executed abroad, the notary shall rely on the declarations made in previous notarial acts relative to the immovable being transferred and, or any relevant document available in Malta and obtainable with due diligence by the notary.

(5) The notary shall not be responsible if the documents supplied to him or obtained by him are erroneous or misleading, unless there are compelling reasons for him to believe this to be the case.

(6) The notary shall mention all the relevant facts to the transferee.