Dealing with Deceased Estates overseas
It is challenging enough dealing 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 some times renunciations.
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.