Malta’s Unsealed Acts: A Legal Void

Imagine this: you’re standing in the bustling Republic Street, Malta’s busiest thoroughfare, surrounded by the hum of tourists and the aroma of pastizzi wafting from nearby bakeries. You’re here to finalize a property deal, but the notary you’ve been working with for years has suddenly passed away. Now, you’re left in legal limbo, unsure if your documents are safe, or if your deal is even valid. This isn’t a hypothetical scenario for many Maltese, as a gap in our legal system has left thousands of notarial acts unsealed, years after the notary’s death.

Notarial acts are the lifeblood of Malta’s property market. They’re the legal documents that make your property dreams a reality – from buying and selling, to leasing and mortgaging. Once signed, these acts are sealed by the notary, giving them the force of law. But what happens when the notary who sealed your act passes away? Who ensures your documents are safe? And more importantly, who can unseal them?

In Malta, it’s been a legal grey area for years. While the law states that a notary’s successor should take over their acts, there’s no clear process for this. Many successors refuse, fearing liability for acts they didn’t witness. This leaves thousands of acts unsealed, their legal status uncertain.

Lawyers and notaries have been raising the alarm for years. Dr. Michael Falzon, a prominent Maltese lawyer, told Hot Malta, “We’re seeing more and more cases where acts are unsealed, causing unnecessary stress and legal issues for clients.” He cited a case where a client’s property deal was held up for months due to an unsealed act.

Dr. Falzon isn’t alone in his concerns. Dr. Joseph Giglio, a respected notary, told us, “It’s a growing problem. We need clear guidelines on how to handle these acts, to protect both the notary’s reputation and the client’s interests.”

So, what’s the solution? Lawyers and notaries we spoke to agree: we need clear guidelines from the notarial profession and the government. Some propose a system where the notary’s successor automatically takes over their acts, while others suggest a central registry to keep track of unsealed acts.

Dr. Falzon believes it’s high time for action. “We can’t keep kicking this can down the road. We need a solution, and we need it now. Our clients deserve peace of mind, not legal limbo.”

Hot Malta reached out to the Ministry of Justice, Equality and Governance for comment, but they had not responded by the time of publication.