Can a separated couple make a will in which they place each other as universal heirs?

[Mario Falzon]

Can a separated couple make a will in which they establish each other as universal heirs?

In a separation deed, a childless couple divided their estate as stipulated by law and added to the deed a clause which stated that they are forfeiting the right of succession that is, the right to inherit each other, thus annihilating any wills that they might have done either separately or together. In addition, this clause stated that the loss of this right to reciprocal inheritance is definitive. After a couple of years, they made friends again but remained separated at law. In view of their friendship, each made a new will in which each instituted the other as his/her universal heir. Is this new will valid?

 

[ShyCat]

What state? And who are you in this scenario?

 

[Mario Falzon]

Info about me

I am not a citizen of the States, but a European who resides in Malta. I know that the civil law differs from one country to another but I've been looking for an answer to this query for ages. I would be grateful if somebody like you can give me an adequate response even if this response is only applicable to a particular state within the U.S. Thanks in advance.
I have just joined this site in view of getting responses to my various queries which I'll be putting on this thread one by one. A great thank you to all who take their time to keep this interesting and informative thread going.

 

[eerelations]

In Canada you can name anyone you want as a heir in your will. Your dog, your kids, your wife, your girlfriend, your ex-wife, your cat, an organization, your dentist, your neighbour, anyone at all - including multiple heirs. I'm not completely sure about the US, but I believe it's the same. But Malta? The odds are 50/50 that you can do this in Malta. And that's about the best answer you'll get here regarding Maltese law on this subject.