Step-by-Step: Notarising a Will for International Assets

If you own property, bank accounts, investments, or other assets in another country, your will may need to be notarised for it to be recognised by the foreign authorities handling your estate. This guide explains when notarisation is needed and how to go about it.

When Is Notarisation of a Will Needed?

In Ireland, a will does not need to be notarised to be legally valid. The Succession Act 1965 requires that a will be in writing, signed by the testator, and witnessed by two witnesses. However, notarisation becomes important when:

• You own property in a country that requires notarised wills
• The will must be presented to a foreign court for probate
• A foreign bank or institution requires a notarised copy of the will to release assets
• The will needs an apostille for use in a Hague Convention country

Step 1: Get Legal Advice on Cross-Border Estate Planning

Before notarising a will, consult a solicitor with experience in cross-border estate planning. Key questions to address:

• Should you have separate wills for assets in different jurisdictions?
• Which country’s succession law applies to each asset?
• Are there forced heirship rules in the foreign jurisdiction?
• What are the tax implications in each country?

The EU Succession Regulation (Brussels IV) applies to cross-border estates within the EU (except Ireland and Denmark, which opted out). This regulation allows you to choose Irish law to govern your entire estate, but it is complex and professional advice is essential.

Step 2: Determine What the Foreign Jurisdiction Requires

Contact a lawyer in the country where your assets are located, or the relevant probate authority, to find out:

• Whether the will needs to be notarised
• Whether a notarised copy is sufficient or the original will is required
• Whether the will needs to be in a specific format
• Whether an apostille or legalisation is required
• Whether a certified translation is needed

Step 3: Prepare for the Notary Appointment

Bring to your notary appointment:

• The original will (or draft, if the will has not yet been executed)
• Valid photo ID (passport)
• Details of the foreign assets (property addresses, account numbers, etc.)
• Any specific requirements from the foreign authority or lawyer
• Contact details of your foreign lawyer, if applicable

Step 4: Notarisation

Depending on the requirements, the notary may:

• Notarise a copy of an existing will: The notary certifies that a copy is a true copy of the original will
• Witness the execution of a new will: The notary acts as a witness to the signing and can provide a notarial certificate confirming the execution met Irish legal requirements
• Prepare a notarial certificate: A formal certificate confirming the will’s validity under Irish law, the testator’s identity, and their capacity to make the will

The notary will verify the testator’s identity and, importantly, confirm that the testator appears to be acting freely and with understanding of the document’s contents.

Step 5: Apostille from the DFA

If the foreign country is a Hague Convention member, submit the notarised document to the Department of Foreign Affairs for an apostille.

• Walk-in (Dublin): Same-day service
• By post: 5–10 working days

Step 6: Certified Translation

If the foreign jurisdiction operates in a language other than English, you will likely need a certified translation of the entire document, including the notarial certificate and apostille.

Step 7: Submit to the Foreign Authority

Send or present the completed documents to the foreign probate authority, lawyer, or institution. Use tracked, insured delivery for original documents.

Important Considerations

Separate Wills vs. One Will

Having separate wills for assets in different countries is often advisable because:

• Each will can be drafted to comply with local formalities
• Probate can proceed in each country independently
• There is no risk of one country’s probate process blocking another

However, separate wills must be drafted carefully to avoid one will inadvertently revoking another. Each will should specify that it applies only to assets in a particular jurisdiction.

Immoveable vs. Moveable Assets

Under Irish conflict of law rules:

• Immoveable property (land, buildings) is governed by the law of the country where the property is situated
• Moveable property (bank accounts, shares, personal property) is generally governed by the law of the testator’s domicile

This distinction matters because the formality requirements for your will may differ depending on the type of asset and its location.

Capacity and Undue Influence

Notarisation provides an additional safeguard against future challenges to the will. The notary’s certificate confirms that the testator appeared to have capacity and was acting voluntarily — which can be important evidence if the will is later contested.

Frequently Asked Questions

Do I need to notarise my will if I have property abroad?

It depends on the country. Some countries require notarised wills for local assets. Even where not strictly required, notarisation can smooth the foreign probate process.

Should I have separate wills for different countries?

This is often recommended to avoid complications when probating in multiple jurisdictions. Each will should be drafted carefully to avoid revoking the others.

Can an Irish will cover foreign property?

An Irish will can cover moveable assets in most countries. For immoveable assets, the law of the country where the property is located usually governs.

Does notarising a will make it more legally binding?

In Ireland, notarisation is not required for validity. However, it adds an internationally recognised layer of authentication that is essential when the will must be used abroad.

Plan Ahead

Hugh Phelan, Solicitor and Notary Public, practises from East Douglas Street, Douglas, Cork. He advises on notarisation of wills for international use and works with clients who have cross-border assets.

Contact: 021-489-7134 or info@phelansolicitors.com.