Succession, Probate, Family Law and Powers of Attorney
Succession and probate
Irish wills are governed by the Wills Act 1837: writing, signature by the testator, and attestation by two witnesses present at the same time. A notary does not make a will notarially in Ireland as a civil-law notary would; the role is to attest execution, take affidavits, and certify copies of grants and documents for use abroad. For wills with a foreign element, formal validity is generously saved by the 1961 Hague Convention, but the notary records only what was actually witnessed and never certifies substantive validity under foreign law. In probate, the notary may attest the executor's or administrator's oath and certify copies of the grant for foreign banks and registries.
Family matters
Common instructions: affidavits of marital status or freedom to marry for an Irish citizen marrying abroad; consent and travel-authorisation documents for children; attestation of documents for foreign family proceedings. Capacity, free consent and, where children are involved, the child's welfare are sensitive; refuse and record concerns where coercion is suspected.
Powers of attorney
A general power of attorney for property is executed as a deed, and the notary should check the formality required by the receiving jurisdiction as well as Irish requirements. Enduring powers of attorney now fall under the Assisted Decision-Making (Capacity) Act 2015 and are registered with the Decision Support Service, which replaced the earlier regime under the Powers of Attorney Act 1996. Foreign powers of attorney presented in Ireland need care: check the execution formalities of the country of origin, obtain a proper translation, and confirm capacity at the time of signature.
Trap and rule of thumb
The classic trap is certifying capacity or understanding merely because the client seemed lucid, or certifying a foreign instrument whose formalities are unmet. Rule of thumb: verify the instrument's required formalities before the client signs, because no certificate can rescue a defective execution afterwards.