Notarising Documents in a Language You Do Not Read

You may sign a document in a language you do not read before an Australian notary only after the notary is satisfied you understand the nature of the act. That usually requires a written translation or suitable interpreter. Translation explains the words; separate legal advice may still be needed about their effect.

Key takeaways

• A notary attests that you signed knowingly. If you cannot read the document, that has to be fixed before you sign, not after.
• A written translation is the safest route for anything that moves money, property or legal rights. A professional interpreter can work for shorter documents.
• A professional, appropriately credentialled and independent interpreter is the safest choice. Disclose any family, business or beneficiary connection so the notary can decide whether it is acceptable.
• Whether the notary can read the document is a separate problem. It limits what the certificate can say, not whether you can sign.
• The receiving authority overseas decides who may translate, whether the translation is notarised, and in what order the steps happen.

Which two language problems must be separated?

This comes up more often than people expect. A relative overseas sends a power of attorney in Greek. An employer sends a declaration in Mandarin. A foreign court sends an affidavit in Arabic. You are asked to sign it before an Australian notary, and you cannot read a word of it.

There are really two problems here. The first is that you cannot read the document. The second is that the notary may not be able to read it either. They have different solutions, and solving one does not solve the other. A translation made for you may also serve the notary, but only if the notary is told about it and the certificate records it.

The same rules apply when the document is in English and English is not your first language. The question is always whether you understand what you are signing, not what language the page happens to be in.

Why must the notary check understanding?

A notarial certificate records what happened before the notary. For a signature act, the notary identifies the signer and assesses capacity, free will and sufficient understanding for the act being certified. If the signer cannot explain the document's nature or effect, the notary may pause or decline. The Society of Notaries of New South Wales advises that a notary must be satisfied the signer understands the document and may require a translation or legal advice.

An ordinary signature certificate does not verify that every statement in the document is true or that its legal terms are suitable. Those are separate questions. For more on the appointment checks, see how a notary checks capacity and duress.

What if you cannot read the document?

The notary needs to be satisfied that you know what you are signing. In practice there are three ways to get there, and they are not equally strong.

A written translation. This is the prudent course for anything significant. You can read it before the appointment and keep it with your records. For a power of attorney, property instrument, company authority, waiver or anything affecting money or rights, also obtain legal advice in the relevant country: a translation tells you what the words mean, not whether the document protects you or works under foreign law.

A suitable interpreter at the appointment. For shorter documents, an interpreter may convey the text orally in the notary's presence. The notary may record who interpreted and ask that person to sign a declaration. Whether sight translation is sufficient depends on the document, the notary and the receiver.

A certificate that says what happened. Where a translation or interpreter was used, the notarial certificate may record it, along with your confirmation that you understood the document. That is not red tape. It answers the question later if anyone asks whether you knew what you signed.

A casual summary from an interested person, or a promise to translate after signing, may not give the notary sufficient assurance. Raise the language issue before the appointment so the notary can specify the evidence and interpreter arrangement required.

How independent must the interpreter be?

There is no single nationwide rule that automatically disqualifies every relative or person who arranged an appointment. The notary must assess the interpreter's competence, interest in the outcome, relationship to the signer and the receiving authority's rules. A beneficiary, attorney, business counterparty or person controlling the transaction creates an obvious risk because the notary depends on the interpretation to assess understanding and free will.

Disclose every connection at booking. The notary may require a professional interpreter, a NAATI credential, an interpreter declaration or a different person; they may also speak with the signer privately. The same independence concerns appear in notary conflicts of interest.

Where the notary speaks the language, whether they may use that skill depends on the act, their competence, professional rules and the receiver's expectations. A separate interpreter supplies an additional check, but combining roles is not automatically prohibited everywhere.

What if the notary cannot read the document?

This is a different problem. It limits what the notary can certify rather than whether you can sign.

Notarial act	Can the notary do it without reading the text?	Why
Attesting your signature	Sometimes	The certificate may be limited to appearance, identity and execution, but the notary must understand enough about the document and be satisfied that you understand the act.
Certifying a true copy	Generally yes	The notary compares the copy with the original they sighted. That is a comparison, not a reading.
Describing the contents	No	A certificate that calls the document "a power of attorney appointing a named person" needs a translation or the notary's own command of the language.
Oath on a foreign-language affidavit	Translation or suitable interpretation usually required	You must understand what you swear or affirm, and the notary must know enough to administer the correct act.

Where the notary needs the text, the fix is a translation for the notary as well as for you. Discuss this when you first make contact, because it changes what needs to happen before the appointment. If the document is a foreign-language affidavit, our page on notarising an affidavit covers the oath itself.

How should you prepare?

1. Ask the receiving authority what it needs, in writing: who may translate, whether the translation must be notarised or legalised, and whether it wants translation before or after the apostille.
2. Send the notary a copy of the document and those instructions before the appointment, and say plainly that you do not read the language.
3. Arrange a translation or interpreter the notary agrees is suitable. Use the credential required by the receiving authority; NAATI is Australia's standards and certifying authority for translators and interpreters.
4. Read the translation before the day, and write down anything you do not understand or disagree with.
5. Attend with the unsigned original, photo ID, the translation and, where used, the interpreter with their own ID.
6. Check the certificate records the translation or interpreter, then send the document on for the DFAT step if one is needed.

What are the two common translation mistakes?

Assuming you can choose any translator. The destination may require a particular credential, country of translation or declaration. For Australian visa applications, current Home Affairs guidance says an Australian translation should include the translator's NAATI practitioner number; an overseas translation needs the translator's name, address, phone number and qualifications. Other authorities set their own rules.

When to translate is decided by the destination too. Translating before the apostille, when the destination wanted it done after, wastes the translation. Ask for the sequence in writing before paying for anything. Our page on what to do when a translation is rejected covers the common reasons.

A notary can attest a translator's declaration and bind the translation to the original, which is what many overseas authorities want. Be clear about what that means: the notary is attesting the translator's signature and declaration, not vouching for the accuracy of the translation. That is why an accredited translator is still needed. See NAATI-certified translation with a notary for how the two fit together.

Is your working translation suitable for the authority?

Here is a point most pages miss. The translation that helps you understand the document before you sign may not be the translation the receiving authority wants attached to it. If the document is going back to the country whose language it is written in, that authority usually needs no translation at all, because it can read the original. Your translation is then a private working copy. It should still be kept, and the certificate may still mention it, but there is no need to pay for it to be certified, notarised or apostilled unless someone asks.

The reverse happens too. A document drafted in English for use in, say, a Spanish-speaking country may need a formal translation for the authority there, even though you read the English perfectly. Keep the two questions apart: what do you need to understand it, and what does the authority need to accept it?

How might a foreign-language appointment work?

A woman in Melbourne is sent a power of attorney in Greek by a cousin in Athens, so the cousin can sell a share of a family house. She speaks some Greek but cannot read legal Greek. Her cousin offers to explain it on a video call during the appointment. The notary declines, because the cousin is the person who will act under the power. She instead has the document translated into English by a NAATI-certified translator and reads it at home first. She finds the power is wider than she expected: it also lets her cousin borrow against the house. She asks a solicitor in Greece to narrow it before signing. The notary then attests her signature, and the certificate records that she read an English translation. The Greek registry needed the original only, so the translation was never certified or apostilled.

How much do translation and interpreting add?

Costs depend on language, length, urgency, credential, interpreter attendance time and whether the translator must sign a declaration before the notary. Notarial, translation, interpreting, DFAT, embassy and courier fees are separate. Send the complete document and receiver's instructions first so the notary and language professional can quote the correct sequence rather than duplicate work.

Can a Justice of the Peace handle the document instead?

A Justice of the Peace may witness or certify some documents where the receiving body accepts a JP, but a JP cannot perform a notarial act. If an overseas authority expressly requires an Australian notary, changing to a JP does not solve the language or acceptance requirement.

In short

Understand the document before you sign it, through a written translation or an independent interpreter. Keep the interpreter free of any interest in the outcome. Remember that what the notary can read limits what the certificate can say. Ask the receiving authority who may translate and in what order before paying for any step, and for anything affecting property or legal rights, see a solicitor in the country where the document will be used.

Related questions

• What if I already signed the document before seeing the notary?
• What is a NAATI-certified translation?
• Can a notary public refuse to notarise?
• How is a power of attorney notarised for overseas use?
• Does my translation need to be NAATI certified?

Send us the complete document and receiving instructions, with its language, destination authority, signers, interpreter or translation already arranged, your location and deadline. We can identify what must happen before the appointment.