How to Notarise an Insurance Claim in Australia

Whether an insurance claim needs a notary depends mostly on where the insurer is. A claim with an Australian insurer almost never does; a statutory declaration witnessed by a JP usually covers any sworn statement. A claim with an overseas insurer often does, because a notary is how someone in Australia proves identity and signature abroad without travelling.

Key takeaways

• Australian insurers verify identity themselves. Where they want a sworn statement, it is usually a statutory declaration, which a Justice of the Peace can witness at no cost.
• Overseas insurers cannot see you or check an Australian signature, so they often ask for notarised claim forms and certified copies.
• The notary witnesses your signature and certifies copies. The notary does not verify the facts of your claim or whether the insurer should pay.
• Take legal advice before signing a settlement or release on a large or disputed claim.
• Some overseas insurers also want a DFAT apostille or authentication. Ask before you pay for one.

Does a claim with an Australian insurer need a notary?

Probably not. Australian insurers verify identity themselves and deal in Australian documents. Where they want something sworn, it is usually a statutory declaration. That 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. The Attorney-General's Department explains Commonwealth statutory declarations, including who can witness them. See also who can witness a statutory declaration.

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. More often, a JP or other authorised witness will do, and you can save the notarial fee.

When does an overseas claim need a notary?

The common cases are these:

• 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;
• 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 these, 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, police report or medical report;
• proof of your relationship to the insured, such as birth or marriage certificates.

What happens at the notary?

1. Bring the insurer's forms unsigned. You sign in front of the notary.
2. Bring original photo identification. A passport is safest for an overseas insurer.
3. Bring the originals of anything to be certified. The notary must sight each original; a scan will not do.
4. The notary checks your identity and that you understand what you sign and sign freely.
5. The notary witnesses your signature, or administers an oath where the form is sworn, certifies copies and attaches a notarial certificate.

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 judge whether the insurer should pay. See document notarisation for what a notarial certificate records.

Why do settlement and release forms deserve care?

Some foreign insurers pay only after you sign a release giving up further claims. They often ask for it to be notarised. For a large or disputed claim, get advice from a lawyer before you sign, 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, or that the amount is fair. Once signed and returned, a release is usually hard to undo. If the form is in a language you do not read, the notary must be satisfied you understand it, and may ask for a translation.

What changes when a company is claiming?

Claims by a company add a step. The notary usually needs evidence that the person signing has authority to sign for the company. That may be a board resolution, a current ASIC extract or the company's constitution. Bring the evidence the notary asks for, and make sure the company's name matches the policy exactly. See notarising for a company.

What about documents from overseas?

A foreign police report, hospital record or death certificate is authenticated in the country that issued it. An Australian notary can certify a copy of a foreign original, having sighted it. 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. Obtaining them from Australia is slow, and a relative or lawyer in that country may need to request them. See documents after a death overseas.

Should you send originals or certified copies?

Keep your originals where you can. A foreign insurer may keep whatever you send. A death certificate or medical report will probably be wanted again, for probate, a pension or another policy. Ask whether a notarised copy will do in place of an original; many insurers accept one.

For medical reports, see notarising a medical record, because electronic records raise a problem of their own. A printout of an electronic record is not an original in the usual sense, so ask the insurer what it will accept.

Does the claim need an apostille or legalisation?

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 for legalisation.

Registry-issued certificates, such as a death certificate, can usually be authenticated by DFAT directly without a notary; confirm with DFAT. The insurer, as the receiving authority, also decides whose translation it accepts. Ask before commissioning one; see document translation.

What if you cannot attend yourself?

A notary can only witness the signature of the person in front of them. If the claimant is too unwell to attend, or has lost capacity, the insurer decides who may sign instead. It may accept an attorney under a power of attorney, a guardian or administrator under a tribunal order, or the executor of an estate.

Ask the insurer what it needs before anyone signs. An overseas insurer may want the power of attorney or order itself certified and apostilled, as well as the claim form. It may also have its own rules about whether an Australian power of attorney is recognised. On that question, see a solicitor.

Whether a notary can attend a hospital or aged care home depends on the notary. Ask directly rather than assuming. See remote notarial acts for what the insurer would need to accept instead.

What drives the cost?

We do not give figures, because notarial and DFAT fees vary and change. The total depends on the count of items. Each signature witnessed and each copy certified is a separate act, and apostilles are charged per document. A claim with five supporting documents costs more than one with a single form. Confirm the insurer's list first, and ask whether one notarial certificate can cover a bundle.

Which documents commonly come up?

Document	Australian insurer	Overseas insurer
Claim statement	Statutory declaration, if sworn	Signed before a notary
Passport copy	Usually checked by the insurer	Notarised copy
Death certificate	Certified copy or original	Notarised copy, or original to DFAT
Medical report	From the doctor directly	Notarised copy; ask about electronic records
Release form	Signed as instructed	Often notarised; take advice first

What does not work?

• A JP certification for an overseas insurer. It is not accepted overseas and cannot be apostilled.
• Signing the forms before the appointment. Sign in front of the notary.
• Asking a notary to sign the claim for you. The notary witnesses your signature only.
• Sending your only original when a notarised copy would do.

Here is an illustration, not a real case

A woman in Wollongong is the beneficiary of her late father's life policy with an insurer in Europe. The insurer asks for its claim form signed before a notary, a certified passport copy and a certified copy of the death certificate. She signs before a notary, who certifies both copies. The insurer's country is a Hague member, so DFAT apostilles the notarial certificates. She keeps the original death certificate for the estate.

In short

An Australian insurer rarely needs a notary; a statutory declaration usually does the job. An overseas insurer often wants notarised forms and certified copies, and sometimes a DFAT certificate. The notary witnesses and certifies but never vouches for the claim. Take advice before signing a release.

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Claiming from an overseas insurer? Send us the insurer's document list, and we will explain each step before you book.