Deceased Estates – Notarising a Grant of Probate or Letters of Administration
Dealing with Deceased Estates overseas
It is challenging enough to deal with the passing of a loved one, whether they are a family member or a friend. If you have been appointed as an executor, or you expect to be an administrator of the estate, then you have the added burden of dealing with the legalities of managing their deceased estate – a task which is further complicated if part or all of their estate is situated overseas.
As a leading provider of notary public services in Sydney, we commonly assist people in signing legal documents, generally dealing with deceased estates, intended to be used in other countries. Often these documents relate to court documents such as applications, declarations or affidavits – and sometimes renunciations.
Why would you renounce your inheritance?
Due to the increased hassle and complication of dealing with deceased estates in other countries, many of our clients choose to renounce their entitlement to assets or gifts given to them in a Will or as part of a deceased estate. Generally, if the estate or the gift is small or they have other family overseas who can better handle the role and responsibilities associated with managing a deceased estate, our clients will ask lawyers who are assisting with managing the deceased estate to prepare the relevant legal documents which allow them to renounce their entitlement or even their appointment to any official position in the management of the deceased estate.
Every now and then, the other kind of legal document that we are asked to witness and notarise relates to challenges, or the defence of challenges, to the deceased estate. When other parties attempt to challenge or dispute a Will, or the management of a deceased estate, the result is often legal proceedings in a foreign court. Accordingly, any documents that need to be filed in that court but signed in Australia generally need to be witnessed and notarised by a notary public before it would be acceptable and admissible.
Whatever the case or situation may be, the challenges of dealing with a deceased estate overseas include the challenge of finding a notary public who understands the issues that you face and can help you properly notarise (and authenticate or stamp your documents with an apostille as necessary) the relevant legal documents needed to achieve your intended goals.
Do you have any questions regarding this article?
Whether you're notarising a document for the first time or the hundreth time, the requirements, processes, and terms can be confusing and daunting - or just a pain and a hassle (especially if you need an apostille, or to authenticate or legalise as well). Don't worry! We're here to simplify it, explain it, and help you with what you need to achieve it.
Contact us or visit our Frequently Asked Questions for more information about our notary public services. We've also created a flowchart to help explain notarisation, apostille, authentication and legalisation.
So, what's next?
Why choose Phang Legal for your notary public services?
We're a leading provider of notary public services in Sydney known for our experience and expertise in notarising documents for other countries, our low-cost fixed fees and service offering, and our availability to help on short notice. With our offices conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area, we help clients from across Sydney and beyond with personal, professional and timely notary public services.
This website is maintained by Phang Legal, a boutique law firm in Parramatta and a leading provider of quality notary public services to satisfied clients across Sydney.
Ern Phang is a director of Phang Legal and a notary public (since 2005). Ern regularly writes about his experiences as a notary public and the issues faced by his clients in sending documents to other countries.