Safeguarding vulnerable parties and ensuring impartiality in notarial transactions : a critical analysis of protections and shortcomings within Maltese law

Abstract

This professional report focuses on three key transactions handled by notaries: the drafting of wills, the promise of sale agreements, and the execution of powers of attorney. In these instances, a notary is entrusted with considerable discretion and judgment. By examining these specific transactions, the report aims to explore the delicate balance notaries must maintain between their ethical obligation to protect vulnerable parties vis-à-vis their legal duty to remain impartial. These transactions often place notaries in a position of significant responsibility, requiring them to act as neutral arbiters while ensuring the rights of all parties are respected. The author has chosen to focus on these particular transactions because they are situations where the notary's discretion and judgment are most prominently exercised. However, it should be noted that the role of a notary always demands diligence, regardless of the type of transaction.