Documents You Need Notarised When Inheriting an Estate Overseas

A letter arrives from a lawyer in another country, or a relative calls: someone has died there, and you are a beneficiary. From Australia, you now have to prove who you are, prove your relationship to the person who died, and usually authorise someone on the ground to act for you — all in a legal system you may know nothing about.

This page follows that process in order. The notary's part is real but narrower than people expect, and the most important decision in it is one a notary cannot help you make.

Step one: find out who is running the estate, and under what system

Before any documents, establish who is administering the estate and what they need from you. That depends heavily on the country:

• In common law countries such as the United Kingdom, New Zealand or India, an executor named in the will, or an administrator appointed by a court, usually deals with the estate. They will tell you what evidence they need from beneficiaries.
• In many civil law countries — much of Europe and Latin America among them — the law itself may decide who inherits and in what shares, whatever the will says, and a local notary or court often handles the succession. Heirs may have to take formal steps themselves.

Ask the person who contacted you for a written list of what they need from you, and whether you will need a lawyer in that country. For anything beyond a small cash bequest, you probably will.

Step two: prove who you are and how you are related

Almost every estate asks beneficiaries for two things.

Identity. Usually a copy of your passport. Where the administrator asks for it to be notarised, a notary sights your passport and certifies the copy, and DFAT then apostilles or authenticates the notary's signature.

Relationship. For an heir who is not named in a will, or where the law gives family members fixed shares, you prove the relationship through a chain of certificates: your birth certificate naming the parent, a marriage certificate, and so on. If these are Australian registry certificates, DFAT may be able to apostille the originals directly, without a notary — confirm with DFAT. That is often the single biggest saving in the process.

The death certificate is usually from the country where the person died, and you do not need to have it notarised here. If the death happened in Australia, see our page on notarising a death certificate.

Watch the names. Your grandmother may appear under a different spelling, script or married name in the foreign records. A sworn declaration explaining that the names refer to the same person is a notarial act and belongs in the same appointment.

Step three: accept, renounce, or authorise — take advice first

In many civil law countries, heirs must formally accept or renounce an inheritance, and in some, accepting it can mean accepting the deceased's debts along with the assets. The choice is often irreversible and subject to time limits.

This is the decision to get right, and it is legal advice a notary does not give. Speak to a lawyer in the country where the estate is administered before you sign anything, and ideally before you tell the family what you intend.

Once you have decided, the step usually needs a document signed by you:

• a declaration of acceptance or renunciation
• a declaration of heirship, or an affidavit about the family
• most often, a power of attorney appointing a lawyer or relative there to act for you in the succession, to sign on your behalf, and to receive funds

These are where the notary comes in. The foreign lawyer will usually send the document, often bilingual. Bring it to the notary unsigned, with your passport. The notary confirms your identity and that you understand what you are signing and are doing so freely, witnesses your signature, and the document goes to DFAT. Whether the country is an apostille member must be checked against the HCCH status table on the day; if it is not, DFAT authentication and then legalisation at its embassy follow. Our page on notarising a power of attorney covers the practical detail.

If there are several heirs in Australia, each signs their own document. You do not all need to attend together.

Step four: receiving your share

Before paying anything out, the administrator or a foreign bank may need more from you: a tax identification number in that country, bank details, and sometimes evidence of your tax residence. Some countries require their own tax to be cleared on the estate first.

Tax can arise in either country. Ask a tax adviser in Australia, and the lawyer abroad, before funds move — particularly if the inheritance is property you plan to keep or sell. If you will sell inherited property, see our page on selling property overseas.

If the person lived in Australia

The picture reverses if the person who died lived in Australia and left assets abroad. Then an Australian grant of probate or letters of administration usually comes first, and a sealed copy of that grant from the Supreme Court is what goes overseas. That is a matter for the executor's solicitor; the notary's role is certifying copies of the grant and will where the foreign authority wants them.

Frequently asked questions

Do I have to travel? Often not. A power of attorney signed before a notary in Australia usually lets someone there act for you. Ask the foreign lawyer whether any step needs you in person.

Can a Justice of the Peace witness the power of attorney? Not for use overseas. A JP's certification is not recognised abroad and cannot be apostilled.

The documents are in a language I do not read. Ask for a bilingual version or a translation before the appointment. A notary will want to be satisfied that you understand what you are signing; see our page on notarising documents in a language you do not read.