Legal Hypothetical – What Is A Notary Public?

Legal Hypothetical – What Is A Notary Public?

Posted On July 09, 2022.

VINCENT migrated from Italy 30 years ago and lives happily on the Mid North Coast of New South Wales.

Vincent’s family remained in Italy and when his father passes away, a dispute arises regarding his estate.

Vincent is close to his sister and trusts that she will be able to act on his behalf, when providing instructions to their Italian lawyer.

The Italian lawyer prepares a power of attorney, in Italian and asks Vincent to sign the document and that the document be notarised.

Vincent contacts a local notary public.

The notary public asks Vincent to obtain a translation of the power of attorney and asks him to attend an appointment with his passport and Australian drivers licence.

Vincent informs the notary public, that he is able to read the Italian power of attorney and that he understands the nature of the document, which he explains to the notary public.

He is informed that the notary public cannot give any legal advice regarding the Italian power of attorney and that if he has any questions regarding the document, he should seek advice from the Italian lawyer.

Vincent produces his identification and signs the power of attorney in front of the notary public.

The notary public signs the document as witness and affixes a notarial seal.

The document is then sent by express post to the Department of Foreign Affairs and Trade (DFAT) with an application to have an Apostille affixed to the power of attorney.

The Apostille is confirmation by the Australian Commonwealth government that the particular notary public is registered under Australian law.

A notary public must have practised for at least five years as a solicitor and complete a specialised course to obtain accreditation.

Original Post: Legal Hypothetical – What Is A Notary Public?

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