Unraveling ‘unica charta’ wills : from historical roots to modern reforms

Abstract

Unica charta wills are a unique testamentary arrangement allowing spouses to jointly declare their testamentary wishes in a single will. This professional report examines the most significant legislative amendments, focusing on the 2004 amendments. The complex responsibilities of notaries in drafting and executing these wills as well as the changes brought about by these amendments will be analysed. Principal topics covered include revocation and the consequences thereof; forfeiture. The notarial duties in ensuring the legality of such wills while safeguarding the interests of both parties will be highlighted in this report. Through an analysis of pre and post 2004 wills, this report will portray how such amendments have shaped the way wills are drafted today. Through an examination of the effects of legislative amendments and societal changes, such as the legalisation of same sex marriages, this report emphasises the ever-evolving role of notaries to meet the demands of contemporary law. Ultimately, the report portrays the ongoing effort to balance between the testamentary and contractual nature of unica charta wills while safeguarding the interest of the spouses withing the context of Maltese inheritance law.