You may need to engage with a notary if you are undertaking a major transaction or transfer of property, such as leaving assets in a Will or buying a property.
Notary services are commonly used in legal proceedings and transactions where documents need to be verified, copied or certified as legitimate to prevent fraudulent activity.
Most people have heard of a notary – but what do they do, and when do you need one?
What does a notary do?
A notary, sometimes called a notary public, is a qualified legal professional authorised to perform legal services, such as witnessing signatures on documents.
The function of a notary is to prevent fraud, making sure that the signatories on legal documents are who they claim to be and understand the implications of the documents they sign.
They also serve to protect those who may be vulnerable in a transaction to ensure that all documentation is valid and legitimate.
They typically do this through:
Notary services are essential for various cross-border transactions where legal documents need to be authenticated in order to be accepted in a foreign country.
Notaries and conveyancing
In some property transactions, notaries are an essential part of the process.
International property transactions create an added layer of risk to the buyer and the seller, as different jurisdictions have different documentation requirements.
Additionally, it can harder to verify legal documents and the identities of signatories (to documents such as a transfer of ownership) if one of more parties are overseas.
You may also need a notary for a domestic transaction that is particularly complex or involves someone’s Will.
If you are planning to buy a property or an area of land internationally, it’s important that you engage with a notary to avoid delays at best, and to avoid contravening property laws in that country at worst!
To speak to our Notary service team, please contact us today.