Witnessing in Maltese notarial law : assessing legal implications, necessity, and contemporary relevance

Abstract

This report offers an in-depth examination of witnessing requirements within Maltese notarial law, focusing on their legal significance, evolving role, and current relevance. It charts the development of testamentary formalities from Roman times to modern Maltese statutes, highlighting changes in the role of witnesses over time. Key to this analysis is Act LI of 2021, which introduces significant reforms, including the possibility of waiving witness requirements in certain cases. The report addresses critical legal concerns such as duress, undue influence, and testamentary capacity, and explores how these issues intersect with witnessing practices. Furthermore, it evaluates the impact of technological advances and the COVID-19 pandemic on legal flexibility, considering whether these developments meet contemporary needs while maintaining the integrity of the will-making process.