Lost a Notarised Document? What to Do Next

If you lose a notarised document, you usually need it notarised again. For a lost notarised copy, a notary can certify a fresh copy from the original. For a lost signed document, such as an affidavit or power of attorney, you normally sign a new one before a notary. Ask the notary who acted what records they kept.

Key takeaways

• A notarised document is a signed and sealed original; a photocopy of it is not a substitute.
• A lost notarised copy is usually replaced by a fresh copy made from the original.
• A lost signed document, such as an affidavit or declaration, is usually signed again before a notary.
• For a lost power of attorney or other legal instrument, speak to a solicitor before replacing it.
• If it was apostilled, the replacement needs a new apostille from DFAT.
• Ask the notary who acted what records they hold; it can make the replacement quicker.

Why can't a notary just print another copy?

A notarised document is not a file that can be reprinted. It is a particular piece of paper that carries the notary's signature, seal and notarial certificate, often fixed to the underlying document with a ribbon, eyelet or seal so the pages cannot be swapped. The certificate says what the notary did: witnessed your signature, administered an oath, or compared a copy with an original. The receiving authority relies on that signed and sealed original, not on a copy of it.

Notaries do keep records of the acts they perform, and some keep copies of what they notarised. Those records help the notary confirm what happened and may make a replacement faster, but they do not usually let the notary issue a second original of a document you signed. What a notary can do depends on what they kept and the rules that apply in their state or territory, so ask the notary who acted. Our guide to what a notary public does in Australia explains the notarial certificate in more detail.

What kind of document did you lose?

The fix depends on what the notary actually did. There are four common cases, and each has a different starting point.

What was lost	What the notary did	Usual replacement
Notarised copy of a passport or degree	Compared a copy with the original	A fresh copy certified from the original
Affidavit or statutory declaration	Administered an oath or witnessed a declaration	Sign or swear a new one before a notary
Power of attorney	Witnessed your signature	Ask a solicitor, then sign again
Company document or contract	Witnessed signatures or certified authority	Re-sign, or a fresh certified copy
Notarised translation or foreign-language document	Certified the document or the translator's signature	A fresh certification of the translation
The original that was copied	Not applicable	Replace it from the issuing agency first

Lost a notarised copy

This is the simplest case. A notarised copy is a copy the notary compared with the original and certified as a true copy. If you still have the original passport, degree, licence or certificate, take it to a notary and ask for a fresh certified copy. The notary must sight the original again; they cannot certify a copy of a copy, or rely on a scan of the old certified copy. Our guide to a certified true copy from a notary explains what the notary checks.

If the copy was of an Australian university document and it was going to DFAT, remember the extra rule: the university must verify the record, and the notary's certificate must say the original was verified with the institution. If the original itself has gone too, you need to replace it from the agency or institution that issued it before a notary can certify anything. A birth certificate, for example, can be ordered again from the state registry.

Lost a signed affidavit or declaration

An affidavit or a statutory declaration records a statement you swore or declared before the notary on a particular date. If the signed original is lost, the usual fix is to make the statement again: prepare the document, bring your identification, and swear or declare it before a notary. The new document will carry the new date. If the contents need updating because circumstances have changed, now is the time to do it, because the notary cannot certify that the contents are true and you remain responsible for them.

If the affidavit was for a court or tribunal overseas, check with the lawyer running the matter whether a new affidavit is acceptable or whether the court has rules about replacing a filed or served one. Our guide to a statutory declaration versus an affidavit explains the difference between the two.

Lost a power of attorney or other legal instrument

This case needs more care. A power of attorney gives someone authority to act for you, and whether a lost original is still in force, whether it needs to be revoked, and how a replacement should be worded are legal questions. They depend on the law of the country where it will be used. Speak to a solicitor, in Australia or in the country concerned, before you sign a replacement. The notary witnesses your signature and confirms your identity; they do not advise on whether the instrument is effective.

The same applies to deeds, property documents and documents dealing with guardianship. Once the legal position is clear, you can sign the new document before a notary and, if needed, send it to DFAT for an apostille. Our guide to an international power of attorney covers the usual steps.

What if the lost document was apostilled?

An apostille is attached to the document it was issued for, so when the document is lost, the apostille goes with it. Once you have the replacement notarised document, lodge it with DFAT for a new apostille, or for an authentication certificate if the destination is not a member of the Hague Convention. Check membership on the HCCH status table on the day, because it changes, and follow DFAT's current guidance on documents it can legalise.

Ask the receiving authority how recent the replacement must be before you lodge. Some want recent documents, and a replacement dated today is usually the easiest to get accepted.

How do you replace a lost notarised document?

Work through these steps in order.

1. Confirm it is lost. Trace any delivery and ask the receiving authority whether it arrived and was misfiled.
2. Work out what the notary did. A certified copy, a witnessed signature and a sworn statement are replaced in different ways.
3. Check you have the original. If a certified copy is lost, you need the original to make a new one. If the original is lost too, replace it from the issuer first.
4. Get advice for legal instruments. For powers of attorney, deeds and property documents, see a solicitor before signing a replacement.
5. Contact a notary. Ideally the one who acted, since they may hold records that help. Bring your identification and the original documents.
6. Apostille it if it is going overseas. Lodge the new notarised document with DFAT, then send it with tracked delivery.

Should you worry about the lost information?

A notarised document often contains personal details, such as your passport number, date of birth, address or signature. If it was lost in circumstances where someone else could have found it, think about the risk of misuse. If a passport itself has been lost or stolen, report it to the Australian Passport Office as soon as you can, since a reported passport is cancelled. For bank or company documents, let the institution involved know. For a power of attorney, a solicitor can advise on whether to notify the people who might rely on it.

Common mistakes after losing a notarised document

The first mistake is sending a scan or photocopy of the lost notarised document and hoping it will do. A receiving authority that asked for a notarised document wants the signed and sealed original. The second is asking a JP to certify a copy of the lost notarised copy; that produces a JP copy of a copy, which will not satisfy an overseas authority or DFAT.

The third is re-signing a power of attorney without first finding out whether the lost original is still in force. Two powers of attorney in circulation can cause real confusion. Finally, people often forget that the new document needs a new apostille. Plan the whole chain, from original to notary to DFAT to delivery, before you start, and consider getting a spare notarised copy if the document is likely to be needed again. Our guide to multiple certified copies explains how that works.

Here is an illustration, not a real case.

Daniel had an affidavit notarised for an estate matter in the Philippines, then the envelope went missing in transit. He asks the courier to trace it, without success. The lawyer handling the estate in Manila confirms a fresh affidavit is acceptable. Daniel prints a new copy, brings his passport to a notary, and swears the affidavit again. The Philippines is a Hague member, so the new affidavit goes to DFAT for an apostille, and this time he sends it by tracked courier with signature on delivery.

In short

A lost notarised document usually has to be notarised again, because the receiving authority relies on the signed and sealed original. A lost certified copy is replaced from the original, a lost affidavit or declaration is sworn again, and a lost power of attorney needs a solicitor's advice first. If it was apostilled, the replacement needs a new apostille. Our document notarisation services page explains how this works with us.

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