Apostille and International Document Legitimacy: A Guide for Australian Heirs for authenticity certification.

The Apostille

It may happen that a person living in Perth, who owns a property in Italy, dies leaving a will drawn up in Australia.

In order to obtain ownership of the property, the beneficiaries of the deceased estate shall enforce the Australian will in Italy.

Let's see what the heirs residing in Perth shall do to enforce in Italy a will executed in Australia.

According to Italian law, either for a public deed, a certificate, or a judicial document issued abroad, for example in Perth-Australia, to be used in Italy it must be provided with an Apostille.

What is an Apostille?

An Apostille is a certification of authenticity used to recognize either a document or a deed abroad.

An Apostille does not concern the content of the document, but would only guarantee that:

1. the signature on the document is genuine,

2. the person who signed the document actually has the authority to do so (e.g., a notary or public officer),

3. the stamp or seal is authentic.

In practice, if a document or certificate (e.g., a will or a birth certificate) is issued in one country and need to be used in another country, the Apostille would certify that the document is valid, without the need of further verification.

The Apostille was introduced by the Hague Convention of October 5, 1961, that both Australia and Italy have ratified.

This means that public certificates, or a power of attorney, issued in Australia bearing an Apostille can be enforced in Italy and vice versa.

In Australia, the Apostille is issued by the Department of Foreign Affairs and Trade (DFAT).

The will is annexed to the Grant of Probate issued by the competent Supreme Court Probate Registry (in this case, Perth).

Therefore, the Apostille would certify that the Grant of Probate with the attached will is a valid document issued by the competent Australian authority that can be fully enforced in Italy.

Conclusions

Where the Australian heirs wish to enforce in Italy a will executed in Perth, they must first apply for the Apostille on the Grant of Probate with the attached will and then can proceed with the Italian notarial and tax procedures necessary for the registration of the deceased's real estate.