Justice Minister Owen Bonnici told Parliament yesterday that the Cross Border Succession Bill had been substantially changed from that originally presented by the previous administration.
Winding up the debate, Dr Bonnici said that the cautious position held by the PN government at the time had been understandable given the fact that Malta was to be among the first to adapt this EU directive into its legislation.
The Bill would allow the implementation of the provisions of the directive on jurisdiction, applicable law, recognition and enforcement of decisions, and acceptance and enforcement of authentic instruments in matters of succession, and the creation of a European Certificate of Succession.
Dr Bonnici said the Bill might have seemed technical but in reality it had a significant impact on the daily life of all citizens.
Legal expenses in Malta were much cheaper than in Europe and this would benefit the Maltese citizen.
Such laws had roots deeply entrenched in history and the EU legislation had taken into account the cosmopolitan character of society, including Maltese society.
The minister thanked the legal and notarial professions for the response in consultation when the Bill was being drafted.
He said notaries would be facing a challenge on how to apply this legislation, which was said to be in the best interests of the Maltese and their clients.
Dr Bonnici said that the amendments were part of what the EU termed the Stockholm Process and this had now been largely transposed into Maltese law.
The final transpositions would take place later on in the year after the provisions of the Bonello Report were included in the proposed legislation.
Earlier, Jason Azzopardi (PN) said he and Carm Mifsud Bonnici had given their input when the Bill was being drafted during the previous administration. The Opposition agreed with the Bill. However, he complained that the minister had ignored this detail when introducing the Bill last April.
He said the Bill transposed EU regulations which had been approved by a majority in the Council of Ministers of Justice in 2012, with Malta voting against because the regulation was a radical departure from Maltese law regarding the principles of domicile and location.
The regulation gave paramount importance to habitual residence and applied to succession of immovable property of a deceased person who was the national of a country in which he or she did not reside.
He said that one had to look at private international law where conflicting claims of jurisdiction were at play.
Dr Azzopardi said that habitual residence in determining jurisdiction and law enforcement was the connecting factor.
The EU regulation provided for the European certificate of succession for which public notaries were responsible. The certificate however was not mandatory. The aim of the certificate was to settle succession matters speedily and efficiently with the heirs able to demonstrate their status and rights in other EU member states.
Charles Mangion (PL) said the regulation had an impact on succession but not on revenue, customs or administrative fees.
Malta’s taxation regime was safeguarded because it remained a matter of local jurisdiction. This gave Malta a competitive edge in attracting foreign investment to Malta.
Nationalist MP Carmelo Mifsud Bonnici said the Bill changed the way Maltese law looked at a residence and this was a positive progression for Maltese law and society.
The law now enabled the holders of property outside Malta to select which law they would like to apply for inheritance purposes. The Succession Bill was approved unanimously.