Inheriting an Estate in the Philippines From Australia
Table of contents
Inheriting in the Philippines from Australia usually means signing a special power of attorney or an extrajudicial settlement of the estate. You can sign it before a Philippine consular officer in Australia, or before an Australian notary public and then obtain a DFAT apostille. Either is valid in the Philippines. A JP's witnessing will not do.
Key takeaways
- The Philippine Embassy in Canberra says documents signed in Australia for use in the Philippines need either consular notarisation or a DFAT apostille.
- The Philippines has applied the Hague Apostille Convention since 14 May 2019, so an apostilled Australian document goes straight to the Philippines, with no embassy step.
- For a private document such as a special power of attorney, the embassy says it must be notarised by an Australian notary public; a JP is not the same, and DFAT will only apostille a notary's document.
- The Philippine consulates acknowledge special and general powers of attorney, deeds of sale and extrajudicial settlements, with every signatory attending in person.
- Australian certificates, such as a death certificate, go to DFAT for an apostille directly.
Which documents does a Philippine estate usually need?
When a family member dies with property in the Philippines, heirs living in Australia are usually asked to sign one of two kinds of document:
- A special power of attorney (SPA), authorising a relative or lawyer in the Philippines to act for you: dealing with the estate, the registry of deeds, the tax authority, or a sale.
- A deed of extrajudicial settlement of the estate, in which the heirs agree among themselves how the estate is divided without a court case, often combined with a sale or a waiver of rights.
Which one you need, and its wording, is for your Philippine lawyer. The question here is how to sign it in Australia so that it has legal effect in the Philippines. The receiving authority, such as a registry of deeds or a bank, will check that the signature was properly acknowledged.
What are the two ways to sign in Australia?
The Philippine Embassy in Canberra's page on notarials and legalisation sets out the rule: documents for use in the Philippines that are executed, signed or issued in Australia must bear either a consular notarisation from the Philippine Embassy or Consulates, or an Apostille Certificate from DFAT, in order to have legal effect in the Philippines.
| Route | Where you sign | What is added | Next step |
|---|---|---|---|
| Consular notarisation | Before a Philippine consular officer, in person | A covering page, an acknowledgement or jurat, and the embassy seal | Send to the Philippines |
| Australian notary and apostille | Before an Australian notary public | The notary's certificate, then a DFAT apostille | Send to the Philippines directly; no embassy step |
How does signing at a Philippine consulate work?
The Philippine Consulate General in Sydney's affidavits and notarial services page lists the documents it acknowledges, including special and general powers of attorney, deeds of sale, deeds of donation, contracts and extrajudicial settlements. Its rules:
- Book an appointment. Notarial services are by appointment only, with exceptions for senior citizens, people with disabilities and pregnant women.
- Bring the unsigned document, the original and photocopies, with all attachments. You sign in front of the consular officer.
- Bring two original IDs with photocopies for an acknowledgement, such as a passport and a driver licence, showing your signature and full name, including your middle name.
- Every signatory attends in person. The attorney-in-fact named in a power of attorney does not need to attend, and witnesses need not appear.
The Sydney page adds a warning worth reading twice: the name on the consulate's acknowledgement page follows the name on your ID, not the name typed in the document. If the SPA spells your name differently, fix the draft first. The Embassy in Canberra has similar requirements for its area. We do not quote the fees.
How does the Australian notary route work?
For heirs who cannot reach a Philippine post, the embassy describes the second route for private documents such as affidavits, special powers of attorney, deeds and sworn statements:
- Have the original notarised by an Australian notary public. The embassy points to the Supreme Court or Law Society lists of notaries in each state and territory.
- Submit the notarised document to DFAT for an Apostille Certificate.
- Send it to the Philippines directly. The embassy says there is no need for authentication by the Philippine Embassy or Consulates, which means less time and less cost.
The embassy is explicit on one point: a notary public is not the same as a Justice of the Peace, and only documents notarised by a notary public are accepted by DFAT for an apostille. A JP-witnessed SPA would have neither consular notarisation nor an apostille, and so no legal effect in the Philippines. Our guides to notarising Philippine documents and apostilles for the Philippines cover both steps; check the HCCH status table on the day.
Which Australian certificates need an apostille?
The estate file will usually need proof of the death and of the heirs' relationships. The embassy says documents issued by the Australian government for use in the Philippines, such as birth, marriage and death certificates, go to DFAT for an apostille and can then be sent to the Philippines directly, with no need for Philippine embassy authentication. Order the original certificates from the state or territory registry and send them to DFAT; Australian certificates are in English, so no translation is needed. An apostille confirms the signature and seal on the certificate, never its contents.
What if several heirs live in different places?
An extrajudicial settlement is signed by all the heirs. Where some live in the Philippines, some in Australia and some elsewhere, each can sign the same deed, or a counterpart, where they are, as long as each signature is properly acknowledged: before a Philippine consul or an Australian notary with an apostille for those in Australia. Coordinate with the lawyer in the Philippines so that everyone signs the same final version, and the originals are gathered in one place. Two heirs in Australia can attend the same consular appointment or the same notary together.
Acknowledgement or jurat?
The Sydney consulate distinguishes two kinds of notarial act. An acknowledgement is used for powers of attorney, deeds, contracts and extrajudicial settlements, and needs two original IDs. A jurat is used for sworn statements such as affidavits, and needs one original ID. If your Philippine lawyer asks for an affidavit as part of the estate, for example an affidavit of self-adjudication where there is only one heir, it will usually be a jurat. An Australian notary can also administer an oath or affirmation on an affidavit, which DFAT then apostilles.
Where are the Philippine posts in Australia?
Consular notarisation is available at the Philippine Embassy in Canberra and the Philippine Consulates General in Sydney and Melbourne, each for its own area. The Sydney consulate says completed documents can be collected in person or returned by mail if you provide a self-addressed, tracked Express Post envelope, and that it is not responsible for delay or loss in the mail. Keep the tracking numbers.
What happens in the Philippines?
Once the signed documents arrive, your attorney-in-fact or lawyer handles the Philippine side, which usually includes the estate tax return with the Bureau of Internal Revenue and, for land, the registry of deeds. An extrajudicial settlement generally has to be published in a newspaper before it can be relied on, and the registry will want the tax clearance first. Ask your Philippine lawyer for the order and the deadlines that apply to your estate, as they depend on the date of death and the assets.
An illustration
This is an illustration, not a real case. Three siblings inherit their mother's house in Cebu; one lives in Cebu, one in Melbourne and one in Mackay. The lawyer in Cebu drafts an extrajudicial settlement and sends it to all three. The Melbourne sibling books the Philippine consulate, brings two IDs and signs before the consular officer. The Mackay sibling, far from a Philippine post, signs the same final version before a local notary, obtains a DFAT apostille, and couriers it straight to Cebu.
Before you sign
Common mistakes to avoid
- Having a JP witness the SPA, which gives it no legal effect in the Philippines.
- Signing before the appointment; you sign in front of the consular officer or notary.
- A name in the document that does not match your ID.
- Taking an apostilled document to the Philippine embassy for a further stamp it does not need.
- Heirs signing different versions of an extrajudicial settlement.
In short
Inheriting in the Philippines from Australia usually means signing a special power of attorney or an extrajudicial settlement. Sign it in person before a Philippine consular officer, with two IDs, or before an Australian notary public and then obtain a DFAT apostille, after which it goes straight to the Philippines. A JP's witnessing is not enough. Australian certificates take a DFAT apostille directly. See our guide to overseas inheritance documents for the wider picture, and our power of attorney service for signing.
People also search for
- Which documents do I need for an overseas inheritance?
- How do I get an apostille for the Philippines?
- When do Philippine documents need a notary?
- Why will a JP not do for the Philippines?
- How does DFAT apostille a document?
If your Philippine lawyer has sent an SPA or settlement to sign, send us the document, and we will explain each step before you book.
Frequently asked questions
How do I sign a special power of attorney for the Philippines in Australia?
Either before a Philippine consular officer, in person, or before an Australian notary public, after which DFAT adds an apostille. The Philippine Embassy says both give the document legal effect in the Philippines.
Can a JP witness my SPA for the Philippines?
No. The Philippine Embassy says a notary public is not the same as a Justice of the Peace, and only documents notarised by a notary public are accepted by DFAT for an apostille.
Does an apostilled document also need the Philippine embassy?
No. Since the Apostille Convention took effect for the Philippines on 14 May 2019, the embassy says apostilled Australian documents go to the Philippines directly, without embassy authentication.
Can the Philippine consulate notarise an extrajudicial settlement?
Yes. The Sydney consulate lists extrajudicial settlements among the documents it acknowledges, along with powers of attorney, deeds of sale and deeds of donation.
Does the attorney-in-fact need to attend the consulate?
No. The Sydney consulate says all signatories must appear in person, but the attorney-in-fact named in a power of attorney does not, and may sign after receiving the document.
What ID do I need at the consulate?
For an acknowledgement, two original valid IDs with photocopies, showing your signature and complete name, including your middle name. The acknowledgement will follow the name on your ID.
Does the Australian death certificate need an apostille?
Yes. The embassy says Australian government documents such as death, birth and marriage certificates go to DFAT for an apostille, then straight to the Philippines.
Do I need an appointment at the consulate?
Yes, for notarial services, according to the Sydney consulate, except for senior citizens, people with disabilities and pregnant women.
Several heirs live in different countries. How do we sign?
Each signs where they are, with a proper acknowledgement: before a Philippine consul, or an Australian notary with an apostille for those in Australia. Coordinate one final version with the lawyer.
Does the notarised SPA need translating?
Not usually. Documents for the Philippines are commonly in English. Follow your Philippine lawyer's instructions on the wording.
