Banks, courts, superannuation funds and other overseas authorities will often require a legalised version of your probate documents before releasing funds or transferring property. This commonly arises where a deceased person held overseas bank accounts, property, shares, superannuation, or other assets outside Australia.
In Australia, documents are legalised through the Department of Foreign Affairs and Trade (DFAT) in one of two ways:
- Apostille: used for countries that are parties to the Hague Apostille Convention; or
- Authentication: used for countries that are not part of the Convention.
For example, our firm recently assisted a client administering an estate with funds held in an Indian bank account. To enable access to the funds, we arranged for the letters of administration to be apostilled and provided the legalised documents to the overseas bank.
What is an apostille?
An apostille is an official certificate issued by DFAT confirming that an Australian public document is genuine. It verifies the signature, seal or stamp on the document so it can be recognised overseas.
You may require an apostille when dealing with:
- overseas inheritance and estate matters;
- foreign property transactions;
- international court proceedings;
- overseas banking or financial institutions; or
- immigration and citizenship matters.
Whether an apostille or authentication is required will depend on the country and the requirements of the overseas authority receiving the documents
Which Documents Can Be Apostilled?
Documents can be apostilled include Australian public documents, such as:
- grants of probate and letters of administration;
- birth, marriage and death certificates;
- court orders;
- ASIC and other government-issued documents;
- educational certificates; and
Private documents must first be certified by an Australian Notary Public before DFAT can legalise them.
What Is the Process of Getting an Apostille?
The process generally involves:
- confirming whether the overseas authority requires an apostille;
- ensuring the document qualifies as an Australian public document;
- submitting the document to DFAT; and
- receiving the legalised document for use overseas.
The processing times may vary depending on how long it takes for DFAT to verify the document.
Do You Need Help Obtaining an Apostille?
Legalising documents for overseas use can be complex, particularly where different countries have different requirements. Obtaining the correct certification early can help avoid unnecessary delays in administering an estate or accessing overseas assets.
If you need assistance obtaining an apostille or notarising documents for overseas use, please contact our office: 02 9150 6991, ad***@**********om.au.