You live in Australia, but your late father’s flat is in Guangzhou, or you need a relative in Kuala Lumpur to sign bank papers on your behalf. An Australian Will, grant of probate or power of attorney may be perfectly valid here, yet an overseas bank, land office or court will not simply accept a photocopy with an English signature on it.
Using an Australian legal document overseas usually involves three steps: notarising it, legalising it (by apostille or authentication) and translating it. This article explains each step and how it applies to the places our clients most often deal with.
Step 1: notarising the document
A notary public is a senior lawyer appointed to witness and certify documents for use overseas. For a private document such as a power of attorney, statutory declaration or Will, the notary will usually:
- check your identity, usually from your passport;
- watch you sign, or certify that a copy is a true copy of the original;
- attach a notarial certificate with the notary’s signature and seal.
The Department of Foreign Affairs and Trade (DFAT) will only legalise private documents such as Wills, powers of attorney and bank statements after an Australian notary has notarised them. A justice of the peace or ordinary solicitor’s certification is generally not enough for this purpose. Court-issued documents, such as a sealed grant of probate, are public documents. They may be legalised directly or may still need a notarial copy, depending on what the overseas authority requires.
Step 2: apostille or authentication by DFAT
DFAT legalises Australian documents in one of two ways:
- Apostille: a single certificate for countries that are party to the Hague Apostille Convention. Once a document has an apostille, the destination country should not require further embassy legalisation.
- Authentication: for countries outside the Convention. DFAT authenticates the notary’s signature and seal, and the document then generally goes to that country’s embassy or consulate in Australia for legalisation.
DFAT does not advise which certificate you need. The receiving authority or the relevant embassy should confirm this. Documents are lodged with DFAT by mail or through Australian Passport Offices, and through Australian embassies and consulates overseas.
Country by country (as at October 2026)
Mainland China
China joined the Apostille Convention with effect from 7 November 2023. Australian documents for use in mainland China now generally need notarisation and a DFAT apostille. Consular legalisation by the Chinese embassy or consulates is no longer required for most documents. Chinese banks, notary offices and real estate registries may still ask for a certified Chinese translation, which is sometimes done in China.
Hong Kong
The Apostille Convention applies to Hong Kong. Australian documents usually need notarisation and a DFAT apostille. Hong Kong banks and the Land Registry may also have their own form requirements.
Taiwan
Taiwan is not a party to the Apostille Convention. The usual path is notarisation in Australia, authentication by DFAT, and then legalisation by the Taipei Economic and Cultural Office (TECO) in Australia. TECO may accept some documents by a different path, so confirm the requirements with TECO before starting. Taiwanese household registration offices and banks often require a Chinese translation and may prefer documents in their own format.
Singapore
Singapore joined the Apostille Convention with effect from 16 September 2021. Australian documents generally need notarisation and a DFAT apostille.
Malaysia
As at October 2026, Malaysia is not a party to the Apostille Convention. Australian documents for use in Malaysia generally need notarisation, authentication by DFAT, and then legalisation by the Malaysian High Commission or a Malaysian consulate in Australia. Check the requirements with the receiving Malaysian bank, land office or court, as practice varies.
Indonesia
Indonesia joined the Apostille Convention with effect from 4 June 2022. Australian documents generally need notarisation and a DFAT apostille. An Indonesian sworn translation (by a penerjemah tersumpah) is commonly required.
Thailand has also acceded to the Convention, with effect expected from 28 February 2027. Until then, check the authentication path with the Thai embassy.
Step 3: translation
An apostille confirms the signature and seal. It does not translate the document. Most authorities in mainland China, Taiwan and Indonesia, and many in Malaysia, expect a translation into the local language. Ask whether the translation must be done:
- by a translator in the destination country (often required in mainland China and Indonesia);
- by a NAATI-certified translator in Australia, then notarised with the original; or
- as a bilingual document from the outset.
Getting this wrong is one of the most common reasons documents are rejected.
Why an overseas bank may still refuse your document
Even with a valid apostille, overseas institutions sometimes refuse Australian documents. The reasons are usually practical:
- Local forms: banks in Asia often want their own power of attorney form, or a form that follows local law. An Australian enduring power of attorney is designed for Australian law and may not be recognised as giving authority over foreign accounts.
- Specific wording: property offices may require the power of attorney to identify the property and the transaction precisely.
- Local probate: an Australian grant of probate usually does not let an executor deal with overseas land. A local grant, resealing or local succession procedure is generally needed.
- Freshness: some institutions want documents signed or certified within a recent period.
Often the better approach is to sign a power of attorney in the local form, prepared by a lawyer in that country, and have it notarised and apostilled in Australia.
Checklist before you start
- Ask the overseas bank, office or lawyer exactly what they need: original or copy, form, wording and language.
- Confirm whether they need an apostille or authentication and embassy legalisation.
- Bring your passport and the original documents to the notary.
- Do not sign the document before seeing the notary if it is to be witnessed.
- Arrange translation in the required way.
- Allow time for DFAT processing and any embassy step, and for courier delivery overseas.
- Keep scanned copies of everything sent.
Frequently asked questions
How do I get an apostille for a power of attorney in Australia?
Sign the power of attorney before an Australian notary public, who attaches a notarial certificate. Then submit the notarised document to DFAT for an apostille. The destination country must be a party to the Apostille Convention; otherwise DFAT issues an authentication instead.
Can I notarise a Will for use overseas?
Yes. A notary can certify a copy of a Will or a grant of probate as a true copy, and DFAT can then legalise it. Whether the overseas authority will act on it depends on local law. Many countries require a local grant or resealing before assets can be released.
Does China still require embassy legalisation of Australian documents?
Generally no. Since China joined the Apostille Convention in November 2023, a DFAT apostille on a notarised document is usually enough, although a Chinese translation is often still needed.
Does Malaysia accept apostilles?
As at October 2026, Malaysia is not a party to the Apostille Convention, so documents generally need DFAT authentication followed by legalisation at the Malaysian High Commission or a consulate.
How Chua Tan Associates can help
Our firm has a notary public who regularly prepares notarial certificates for documents going to mainland China, Hong Kong, Taiwan, Singapore, Malaysia and Indonesia. We can review the overseas requirements, prepare or check the document wording, arrange translation and DFAT lodgement, and work with local lawyers when a local-form power of attorney or local probate is needed. We advise in English, Mandarin and Cantonese.
Related reading
Chua Tan Associates acts for families, executors, trustees and their professional advisers in estate planning, estate administration and estate disputes in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice.
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