Do Notarised Documents Expire?

When it comes to notarised documents, one common question is whether they have an expiration date. In Australia, the short answer is no; notarised documents themselves do not expire. A certified copy should be acceptable for as long as the document that's been certified is still valid. However, the context in which the document is used can affect its acceptance and relevance. Here, we explore various types of notarised documents and different case scenarios to provide a comprehensive understanding.

For instance, a birth certificate would be indefinite unless amended after issue, whereas other documents such as a drivers' licence and passport would only be accepted as long as still current. Meaning, once these documents expire and are replaced with current documents, you would generally need to get certified copies of the new documents.

Types of Notarised Documents

  • Affidavits: These are sworn statements of fact used in legal proceedings.
  • Powers of Attorney: Legal documents granting a third person authority to act on your behalf.
  • Statutory Declarations: Written statements declared to be true in the presence of an authorised witness.
  • Certified Copies of Original Documents: Copies of important documents, such as passports, birth certificates, or academic transcripts, that a notary public has certified as true copies of the originals.
  • Contracts and Agreements: Legally binding documents that may require notarisation to be enforceable or to provide additional authenticity.
  • Property Transactions: Documents related to the buying, selling, or transferring of property, which often require notarisation for validation.

Case Scenarios

power of attorney notarised document expiration

Legal Proceedings

Scenario: A person provides an affidavit notarised two years ago for a court case.

Consideration: While the notarised affidavit itself does not expire, the court may question its relevance and may require a more recent statement to ensure that the information is current. There may also be procedural law which limits the validity of the affidavit to within a certain time period.

Property Transactions

Scenario: A notarised general power of attorney is used in a property sale five years after it was created.

Consideration: Although the notarised document is still legally valid, the parties involved in the transaction might request a more recent notarised power of attorney to ensure the principal's intent and mental capacity remain unchanged.

Immigration and Travel

Scenario: An individual uses a notarised copy of their passport for immigration purposes.

Consideration: Immigration authorities may have specific rules about how recent the notarization must be. For example, a document notarised within the last six months may be requested.

Academic and Professional Applications

Scenario: A professional submits a notarised copy of their academic transcript for a job application.

Consideration: Employers and educational institutions often prefer recent notarisations to confirm that the document’s validity is up-to-date. This is especially the case when the employer or foreign country the employer is located in, requires the Australian academic document to be apostilled or authenticated by the Australian Department of Foreign Affairs and Trade (DFAT). In this case an accompanying Notarial certificate must also be provided by the Public Notary confirming they have verified the authenticity of the Australian tertiary qualification, before DFAT will issue the Apostille or Authentication, which was often not completed with older notarisations.

Banking and Financial Services

Scenario: A person provides a notarised document to open a bank account or apply for a loan.

Consideration: Financial institutions might have stringent requirements regarding the recency of notarized documents, often stipulating they be certified within the last few months.

Additional Considerations

While notarised documents are designed to be a reliable form of verification, the need for updated notarisation can also be influenced by changes in personal circumstances. For example, if an individual experiences significant changes such as a name change due to marriage or divorce, updates to their legal status, or changes in mental capacity, updated documents may be required to reflect these changes accurately. This is particularly important in scenarios where the document's validity is closely tied to personal status, such as in immigration, power of attorney, or legal affidavits.

Moreover, the integrity of the notarisation process itself is crucial. Institutions may sometimes request re-notarisation if there are concerns about the notary public's standing or if the notary's commission has expired since the document was first notarised. Ensuring that the notary public is in good standing and that their commission is current at the time of notarisation can help mitigate these concerns.

Conclusion

While notarised documents do not have an inherent expiration date, their acceptance and relevance can be influenced by the specific requirements of the entity or institution requesting them. It is always advisable to verify the recency requirements for notarised documents with the relevant authorities or institutions to ensure they are still considered valid and acceptable for their intended purpose. This practice ensures that your notarised documents serve their purpose effectively, without any unnecessary delays or complications.

Staying informed about the specific requirements for notarised documents in different contexts will help individuals and businesses navigate the complexities of legal and administrative processes more efficiently. Whether for legal proceedings, property transactions, immigration, academic applications, or financial services, understanding when and why an updated notarisation might be needed can save time and prevent potential issues.

Contact Bahal Gill for any notary inquiries in Adelaide.

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