An overview of the substantive amendments to the law of succession under Act XVIII of 2004 and the notarial implications

Abstract

The Civil Code lays down rules regulating succession matters and provides for the way in which the estate of the deceased is distributed after his or her death. However, such succession matters have been, and are still to this day, heavily influenced by social beliefs, values and norms, alongside familial relationships and structures. Therefore, with the passing of time, amendments to the provisions regulating succession law took place to reflect these societal changes and modernisation. One of the major set of amendments to this area of law was in fact introduced by Act XVIII of 2004, which is the main focus point of this professional report. Alongside these major amendments, the Notary Public, as the professional eligible to draft the wishes of the testator in a will, was also impacted in his practice in relation to testamentary discussions and drafting of wills. In such a way, this report seeks to lay down the main substantive amendments introduced by this Act whilst analysing the notarial implications of these changes in the law. The overview of Act XVIII of 2004 presented in this write-up will focus in particular on the amendments to the reserved portion, the unica charta wills and the rights of children born outside of wedlock and the surviving spouse; and these as some of the most substantive amendments having implications upon the notarial profession. Ultimately, after identifying these legal institutes under the law of succession as amended in 2004 together with implications they brought about upon the notary public, the report will seek to ascertain whether such implications were a step in the right direction, and whether more can be done so that this legal framework can further reflect modern day society and its family structures.