How to Notarise an Insurance Claim in Australia

Whether an insurance claim needs a notary depends almost entirely on where the insurer is. For a claim with an Australian insurer, you almost certainly do not need one. For a claim with an insurer overseas, a notary is often the only way an Australian resident can satisfy the insurer's identity and signature requirements without travelling.

Claims with an Australian insurer: probably no notary

Australian insurers verify identity themselves and deal in Australian documents. Where they want something sworn, it is usually a statutory declaration, which can be witnessed by a range of authorised people, including a Justice of the Peace, at no cost. Who may witness depends on whether it is a Commonwealth or a state declaration, and the lists differ between states. Our page on who can witness a statutory declaration explains the difference.

If an Australian insurer has asked for something notarised, ask why. There is occasionally a reason, such as a document the insurer will send overseas, but more often a JP or other authorised witness will do.

Claims with an overseas insurer: where a notary fits

The common cases are:

• a life insurance policy on a relative who lived or died overseas, where you are a beneficiary living in Australia;
• a policy you took out before migrating that still pays benefits or covers claims;
• travel or medical insurance written by a foreign insurer, for an event in Australia or elsewhere; and
• cargo or business insurance with a foreign insurer, claimed by an Australian company.

A foreign insurer cannot see you, and usually has no way to check an Australian signature or identity document. So it asks for some combination of the following, each notarised:

• the claim form or claimant's statement, signed before the notary;
• a certified copy of your passport, often with a statement that the photograph is a true likeness;
• certified copies of supporting documents issued in Australia, such as a death certificate, a police report or a medical report; and
• proof of your relationship to the insured, such as birth or marriage certificates.

How to have it notarised

Bring the insurer's forms unsigned, your photo identification (a passport is safest), and the originals of anything to be certified.

The notary checks your identity and that you are signing freely, witnesses your signature or administers an oath where the form is sworn, certifies copies of the originals, and attaches a notarial certificate to each item.

Two things the notary does not do. The notary does not verify the facts in your claim; you are responsible for what a sworn statement says. And the notary does not check whether the insurer should pay.

Settlement and release forms deserve care. Some foreign insurers pay only after you sign a release giving up further claims, and ask for it to be notarised. For a large or disputed claim, get advice from a lawyer before you sign it, preferably one familiar with the insurer's country. The notary will witness your signature; that is not advice that the release is in your interests.

Claims by a company add a step: the notary usually needs evidence that the person signing has authority to sign for the company. Our page on notarising for a company explains what to bring.

Documents from overseas

A foreign police report, a foreign hospital's records or a foreign death certificate is authenticated in the country that issued it. An Australian notary can certify a copy of a foreign original, but that does not replace the issuing country's own authentication, and the insurer may insist on it. If the event happened overseas, ask the insurer early which foreign documents it needs, because obtaining them from Australia is slow.

Getting certified copies

Keep your originals where you can. A foreign insurer may keep whatever you send, and a death certificate or medical report will probably be wanted again. Ask whether a notarised copy will do in place of an original; many insurers accept one. For medical reports, see our page on notarising a medical record, because electronic records raise a problem of their own.

Getting it apostilled or legalised

Some foreign insurers accept notarised documents as they are; others want the notary's signature authenticated. Ask before paying for it. Only DFAT issues apostilles in Australia; a notary cannot.

• If the insurer's country is a party to the Hague Apostille Convention, DFAT issues an apostille. Membership changes, so check the HCCH status table on the day.
• If it is not, DFAT authenticates the documents and they go to that country's embassy or consulate in Australia for legalisation.

Registry-issued certificates, such as a death certificate, may be ones DFAT can authenticate directly without a notary; confirm with DFAT.

The insurer decides whose translation it accepts. Ask before commissioning one.

What it costs

Notarial fees are not set by statute and vary between practitioners. As a market estimate only:

• witnessing a signature on a claim form or statement: roughly $90–$180
• certified copy of each supporting document: roughly $80–$150 for the first, less for additional copies at the same appointment

A claim often involves several documents, and apostilles are charged per document, so the total depends on how many items the insurer wants authenticated. Confirm that list first.

Frequently asked questions

The overseas insurer wants a "proof of life" certificate. Is that the same thing? Similar mechanics, a different purpose. Our page on claiming a foreign pension covers life certificates.

Can a notary sign the claim for me? No. A notary witnesses your signature. If you cannot attend, the insurer may accept someone acting under a power of attorney; ask it.

Can this be done remotely? Only if the insurer accepts a remotely conducted notarial act. That is its decision; ask before booking.