Notaries and notarisation—legalisation

Produced in partnership with Jenny Bird of Macfarlanes
Practice notes

Notaries and notarisation—legalisation

Produced in partnership with Jenny Bird of Macfarlanes

Practice notes
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Legalisation

Most documents that a notary public or a scrivener notary notarise are intended to be effective in a country or jurisdiction other than England and Wales. Legalisation is where a state, eg England and Wales, certifies to another state, ie the receiving jurisdiction, that the signature and seal of a public officer, such as a notary, are genuine, when checked against their register.

The receiving jurisdiction has no way of knowing if the notary's seal and signature are authentic, so the notary's signature and seal may need to be legalised by the Foreign, Commonwealth and Development Office (FCDO) and sometimes also a foreign Embassy, Consulate or High Commission, to authenticate the status of the notary.

This process is complicated and differs depending on the receiving jurisdiction's requirements, so specialist advice should always be sought.

Legalisation by the Foreign, Commonwealth and Development Office

Many states are signatories to the Hague Convention of 5th October 1961 (Abolishing the Requirement of Legalisation for Foreign Public Documents) (the Hague Convention 1961), so that a document may only need to be affixed

Jenny Bird
Jenny Bird

Senior Associate, Macfarlanes


Jenny advises individuals, families, executors and trustees primarily based in the UK on a wide variety of UK tax, trust, succession and estate planning issues.

Jenny has broad experience in many aspects of the law that individuals encounter on a day-to-day basis including advising on and setting up trusts, administering estates, drafting wills and providing tax advice. She is part of our probate team and since qualifying as an associate in 2010, she has been involved with the administration of complex and high-value estates, including estates with cross-border elements and estates where offers in lieu of inheritance tax have been made.

Jenny qualified as a Notary Public in August 2015 and is able to provide notarial services to individuals and companies.

Jenny is a member of STEP (Society of Trust and Estate Practitioners) and the Notaries Society.

Qualified in England and Wales, 2010.

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Jurisdiction(s):
United Kingdom

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