Bosnia – Notarising the Hereditary Declaration (Nasljednička Izjava)
Giving up your inheritance in Bosnia
Sometimes inheriting property overseas can be more troublesome than it’s worth! Many of our clients with family estates in Bosnia, come to us with a request to sign the nasljednička izjava, the hereditary declaration, basically renouncing any interest in favour of someone else – usually another family member.
The practical reality is that those clients don’t give up their rights or interest in the family estate, then they’ll be required to take part in the ongoing ownership and administration. This whole exercise can be a hassle and painfully difficult to manage from Australia, especially if their share in the estate is relatively small or doesn’t justify the cost and time.
Accordingly, if you want to give up your family estate, the relevant legal document to achieve that is called the nasljednička izjava. When signed in Australia, the nasljednička izjava must be notarised and then stamped with an apostille from the Department of Foreign Affairs and Trade (DFAT) before it will be valid in Bosnia.
What does notarisation involve?
For the nasljednička izjava to be notarised, you must sign it in front of the notary public. The notary public will verify your identity, witness you sign the nasljednička izjava, and then notarise it on the basis that they’ve verified your identity and they witnessed your signature.
Despite the challenges with the current global pandemic, you can only have your signature witnessed and notarised if you are physically present before the notary public who can then witness you sign your document. You can’t, and the notary public shouldn’t, sign/witness your document by any other means – not even remotely or by video etc.
What’s an apostille?
In Australia, an apostille is a stamp/certificate issued by DFAT certifying that the nasljednička izjava was notarised by a notary public. An apostille will only be recognised by countries that are signatories to the Apostille Convention otherwise known as the Hague Apostille Convention or officially known as the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents.
Both Australia and Bosnia are signatories to the Apostille Convention which means that documents from Australia, like the nasljednička izjava, must be stamped with an apostille before they will be valid in Bosnia.
What can we do for you?
As a leading provider of notary public services in Sydney, we often assist clients with notarising the nasljednička izjava for Bonisa as well as arranging for it to be stamped with the apostille from DFAT.
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.