Testamentary evolution : a comparative analysis of forms of wills throughout history

Abstract

The concept of a will, or testament, has been central to the legal systems of many cultures throughout history. In Malta, testamentary practices have evolved significantly over the centuries, shaped by various legal traditions, including Roman, Norman, and French influences. This report seeks to explore the historical evolution of these practices in Malta, compare them with the testamentary laws in Italy, and examine the implications of these developments for contemporary notarial practice. 1.1 Purpose and Objectives: The primary objective of this report is to provide a comprehensive analysis of the evolution of testamentary practices in Malta, focusing on the various forms of wills recognised by Maltese law and how these forms have changed over time. It aims to uncover the cultural, social, and legal influences that have shaped Maltese testamentary law through an examination of the historical development of these practices. Additionally, the report will offer a comparative perspective by analysing how these practices in Malta align with or diverge from those in Italy. Given the shared Roman legal heritage of both countries, this comparison will highlight the similarities and differences in their legal approaches to testamentary matters, providing valuable insights into the unique trajectories of these two legal systems. 1.2 Research Questions: The following research questions have been formulated to guide the analysis: • How have testamentary practices in Malta evolved over time, and what historical and cultural factors have influenced these changes? • What are the different forms of wills recognised in Maltese law, and how do they reflect the historical development of the legal system? • How do Maltese testamentary practices compare with those in Italy, particularly in terms of legal requirements, formalities, and cultural influences? These research questions will serve as the foundation for the subsequent chapters, guiding the exploration of testamentary evolution in Malta and the comparative analysis with Italian law. 1.3 Research Methodology: This report employs a qualitative research approach aimed at examining and interpreting the laws governing wills in both Malta and Italy. The study primarily focuses on document analysis, where legal codes, particularly the Maltese Civil Code and Italian Civil Code, were thoroughly examined to identify key provisions relating to testamentary practices. The research also integrates a comparative analysis, structured through two main methods: direct comparison of legal provisions and thematic comparison. Legal provisions from Maltese and Italian law were systematically compared to highlight differences and similarities. The thematic approach allowed for the grouping of issues related to capacity, validity, and formalities across the two jurisdictions.