What role does a notary play in international estate planning?

A Notary Public is involved in certifying copies of wills and estate documents for foreign jurisdictions, notarising powers of attorney for managing overseas assets, authenticating declarations of domicile or habitual residence, and notarising documents for grant of probate applications in other countries. All such documents typically need apostille authentication.

Estate Planning with International Assets — Notary Requirements

Q: Do I need separate wills for assets in different countries?

It depends. Some people have a single will covering all worldwide assets, while others have separate wills for each jurisdiction. The best approach depends on the countries involved and their succession laws. A single will risks being invalid in some jurisdictions, while multiple wills need careful coordination to avoid one revoking another. Consult a solicitor experienced in international estate planning.

Q: What is the EU Succession Regulation?

EU Regulation 650/2012, also known as 'Brussels IV,' allows EU residents to choose the law of their nationality to govern their entire succession, rather than having different laws apply to assets in different countries. Ireland and Denmark opted out of this regulation, meaning it does not directly apply in Ireland, but it may affect Irish citizens with assets in other EU countries.

Q: What are forced heirship rules?

Many countries (particularly in continental Europe) have forced heirship rules that reserve a portion of the estate for certain family members (typically children and spouses), regardless of what the will says. These rules differ significantly from Irish succession law, which gives testamentary freedom subject to the legal right share of a spouse or civil partner.

More Irish people than ever own assets in multiple countries — a holiday home in Spain, investments in the UK, a pension from working in the US, or property inherited in another EU country. Estate planning across jurisdictions is significantly more complex than domestic-only planning, and notarised documents are essential at every stage.

The Complexity of Cross-Border Estates

When a person dies owning assets in more than one country, several legal systems may apply simultaneously:

Succession law: Which country's rules determine who inherits? This may differ for moveable property (bank accounts, shares) versus immoveable property (real estate)
Tax: Each country may impose its own inheritance or estate tax
Probate: A grant of representation may be needed in each country where assets are located
Forced heirship: Some countries mandate that certain portions go to specific relatives

Key Notarised Documents for International Estate Planning

Powers of Attorney

Powers of attorney are critical for international estates — both during lifetime (for managing overseas assets) and in estate administration. A notarised and apostilled power of attorney allows your appointed person to deal with banks, property registries, and authorities in other countries.

Certified Copies of Wills

When applying for probate or equivalent in a foreign jurisdiction, notarised and apostilled copies of the Irish will (or a grant of probate) are typically required. The foreign court or authority needs authenticated copies to recognise the Irish grant.

Declarations of Domicile

A statutory declaration confirming your domicile can be important for determining which succession law applies. This is particularly relevant for Irish citizens living abroad, or foreign nationals living in Ireland.

Affidavits of Law

Foreign courts sometimes require an affidavit from an Irish solicitor explaining Irish succession law as it applies to the case. This affidavit is typically notarised and apostilled.

Resealing of Grants

Some common law countries allow an Irish grant of probate to be "resealed" rather than requiring a full fresh application. This process requires notarised copies of the Irish grant and supporting documents.

The EU Succession Regulation (Brussels IV)

EU Regulation 650/2012 — commonly called "Brussels IV" — governs cross-border succession within the EU. Key points:

The default rule is that the law of the deceased's habitual residence applies to the entire estate
The deceased can choose the law of their nationality instead (via a declaration in their will)
Ireland opted out of Brussels IV, meaning it does not directly apply in Ireland
However, if you have assets in other EU countries that have adopted the regulation, it will affect how those assets are treated

Forced Heirship — A Key Difference

Many continental European countries have forced heirship rules that reserve a portion of the estate for specific relatives (typically children and spouses). This is a fundamental difference from Irish law, which gives broad testamentary freedom (subject to the legal right share of a spouse/civil partner under the Succession Act 1965). If you own property in France, Spain, Italy, or other civil law countries, their forced heirship rules may apply to that property.

Practical Steps

Review your will: Ensure it addresses all your international assets
Consider multiple wills: Separate wills for assets in different jurisdictions, carefully coordinated
Make a choice of law: If Brussels IV applies to your assets, include a nationality choice in your will
Powers of attorney: Have notarised powers of attorney suitable for each jurisdiction where you hold assets
Keep notarised copies: Of all key documents, apostilled and ready for use in each jurisdiction
Review regularly: Laws change — review your international estate plan periodically

Frequently Asked Questions

Do I need separate wills for assets in different countries?

It depends on the countries and their succession laws. Multiple wills need careful coordination. Consult a solicitor experienced in international estate planning.

What is the EU Succession Regulation?

Brussels IV allows EU residents to choose their nationality's law for succession. Ireland opted out, but it affects assets in participating EU countries.

What role does a notary play?

Certifying copies of wills, notarising powers of attorney, authenticating declarations, and preparing documents for foreign probate applications.

What are forced heirship rules?

Rules in many European countries reserving estate portions for specific relatives. They differ from Ireland's broader testamentary freedom.

Need Estate Planning Documents Notarised?

Hugh Phelan can notarise all documents needed for international estate planning. Contact Hugh Phelan’s office at 021-489-7134 or email info@phelansolicitors.com.