Estate Planning in Malta — UK Nationals & Expats
UK nationals in Malta — your English Will does not become invalid the moment you move abroad, but it can become unhelpful if it does not account for your new residence. Domicile is what matters for UK inheritance tax, not where you live today. Many British expats in Malta remain UK-domiciled for years, which means the UK still taxes their worldwide estate. We help you understand whether your UK Will still works, whether your UK IHT exposure is still live, and how your Maltese arrangements should fit alongside it.
The UK side of a Maltese life
Moving to Malta changes your tax residence. It does not automatically change your domicile. And that is the difference between a UK inheritance tax bill and none.
UK Will validity while resident abroad: an English Will remains valid if it was properly executed under English law, and it can still govern UK assets. But if it does not address your Malta residence, foreign assets, or cross-border succession, it may need a Maltese will to work alongside it. Default arrangements often create confusion.
UK domicile and IHT exposure: domicile is your permanent home, not where you live now. Most British clients in Malta keep UK domicile for years after moving, which means HMRC can still tax their worldwide estate at 40% above available allowances. The UK-Malta inheritance treaty can help, but only if the planning is set up to engage it.
Coordinating UK and Maltese arrangements: Malta has its own succession rules, including forced-heirship reservations for direct descendants. A UK will that ignores Maltese real property can conflict with local law. We typically prepare an English will for UK assets and a short Maltese will for local assets, drafted to coexist.
UK Will validity while resident abroad
A Will made properly in England or Wales remains valid when you move to Malta. It can still direct your UK assets and, if clearly drafted, can be recognised in Malta. The problem is that a UK-only Will rarely addresses Maltese real property, Maltese bank accounts, or the forced-heirship reservations that apply under Maltese law. Without a coordinated Maltese will, your executors can face delay, conflicting instructions, and unnecessary cost. The answer is not to revoke the English Will; it is to add a short Maltese will that covers the local assets and works with, rather than against, the English document.
UK domicile and inheritance tax exposure for expats
Domicile is not the same as residence or citizenship. It is the jurisdiction you treat as your permanent home. Most British clients moving to Malta keep their UK domicile for several years, and some retain it indefinitely. A UK-domiciled person is subject to UK Inheritance Tax on their worldwide estate, including assets in Malta, unless the UK-Malta inheritance treaty allocates those rights differently. From April 2027, unused UK pensions will also enter the UK IHT estate. The treaty can reduce double taxation and shift taxing rights, but only where the planning has been arranged to engage it. Default arrangements usually do not.
Coordinating a UK Will with local Maltese arrangements
Maltese succession law is close to English common law but includes forced-heirship reservations for direct descendants, which means children may have a fixed entitlement to a share of your estate. A UK Will that simply leaves everything to a spouse can be challenged or partially overridden in Malta. We typically prepare an English Will for UK assets and a Maltese Will for Maltese real property and bank accounts, with both documents drafted to coexist. Where appropriate, a Brussels IV English-law election can be used for Maltese real property, but that decision needs to be taken deliberately, not by default. We coordinate with Maltese counsel on the local side so the two wills point in the same direction.
Where we typically come in
UK Wills for Malta-based clients
Reviewing your existing English Will to confirm it still works from Malta, then drafting or updating it to cover UK assets clearly and coexist with any Maltese arrangements.
Read more →UK Inheritance Tax Planning
Built around the UK-Malta treaty, your domicile status, the April 2027 pension change, and any Maltese pension structures already in place.
Read more →Maltese Will Coordination
Working with Maltese counsel to put a short local will in place for Maltese property and accounts, drafted to complement the English Will rather than conflict with it.
Read more →Lasting Power of Attorney
An English LPA for UK assets and decisions. The UK side does not stop being the UK side just because you live in Malta.
Read more →What we'd actually do for you
First call is free, by video. We read your existing UK Will, ask about your domicile history and your Maltese assets, and tell you where the live UK exposure sits. From there we draft or update the English-side documents, coordinate with a Maltese lawyer on the local side, and structure the IHT plan to engage the UK-Malta treaty rather than work around it.
Complete the Discovery first - then we'll book your free 30-minute consultation.
Common questions from clients in Malta
Is my UK Will still valid if I live in Malta?
Yes, if it was properly executed under English law. But it may not address Maltese property, Maltese forced-heirship rules, or cross-border succession. We review it alongside your Maltese arrangements to make sure both sides work together.
Do I pay UK inheritance tax if I am resident in Malta?
Residence is not the test. Domicile is. Most British clients in Malta remain UK-domiciled for several years, which means HMRC can still tax their worldwide estate. The UK-Malta inheritance treaty can reduce the exposure, but only if the planning is set up to engage it.
Do I need a Maltese will as well as a UK will?
If you own Maltese real property or hold Maltese bank accounts, almost always yes. A short Maltese will alongside a properly drafted English will is the cleanest route. We coordinate with Maltese counsel on the local side.
Do I need to come to your office to work with you?
No. We work nationally — and increasingly internationally. Most of our clients in Malta are seen by video call, with documents signed remotely or couriered when wet signatures are needed. The advice is the same. The convenience is yours.
Is Sean Kiani regulated?
Sean Kiani is a member of the Society of Will Writers and holds full Professional Indemnity Insurance. Estate planning is unregulated in the UK — which is precisely why credentials, supervision and indemnity matter.
What does a first conversation cost?
Nothing. A first call is free, confidential, and exists for one purpose: to find out whether your current arrangements still do what you think they do. If they do, we'll tell you. If they don't, you'll know exactly what's exposed and what to do about it.
Your 30 minutes. Simple. Yours.
No-obligation.
The path is simple: complete the Discovery first so we walk into the call already knowing the facts. Then in 30 focused minutes, I listen, answer your questions, and you choose if you'd like us to draw up your Inheritance Plan.
1. Start Your Discovery
Required first step. Complete the confidential financial position review so your no-obligation 30-minute consultation starts with the facts, not the basics.
2. Request a Callback
Prefer to speak first? Leave your details and we'll call you back to talk through the Discovery before you complete it.
You choose the date, time, and format - phone or online. Bring anyone you'd like.