VIC Providing Power of Attorney for Relative Overseas?

Discussion in 'Other/General Law Forum' started by SamanthaJay, 17 January 2017.

  1. SamanthaJay

    SamanthaJay Well-Known Member

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    My niece is the beneficiary of some real estate in Europe along with her sibling. Their father owns the other half of the real estate. The property has been sold. My niece lives in Australia and I'm going to provide google translated emails about what is required of her to have her father sign documents in relation to the sale, on her behalf.

    "If you do not come to Belgium to sign the document, you must provide a power of attorney from Australia.

    Below are the Notary Service in Brussels the mail.

    Let's you know me how the proxy should be (according to the 1st or 2nd option)?"

    The 1st option involves going to the Embassy in Canberra. Shall leave it here for you to read.


    1st Option:

    The proxy may be past our Embassy in Canberra.

    The design (in word) should be mailed to the address. We will send your design to the relevant post.

    It's the last consultative Party to make direct contact with the Embassy in order to obtain an appointment for the execution of the deed.

    After execution of the deed, the expedition will be handed over immediately to the trouble-making party should ensure the return by express courier (at your office).

    By the competent consular officers notarial deeds (and copies) are exempt from any form of legalization or Apostille (law of December 21, 2013 on the Consular Code - MB, 01.21.2014).



    Questions:

    She cannot go to Canberra, so option 2 is what she hopes to take. We have read it as she should do a Power of Attorney electing her father as her attorney. She would only like him to act on this matter for her. Sign it in front of person authorised to witness it plus other witness. Then she should have it translated by official translator and send it back.

    The bit about:

    -Apostille (Hague Convention of October 5, 1961) by the local authorities...

    does that just mean that the document will be legal over there if it is here?

    Also, I'm thinking she should have the document drafted here and then checked by the solicitor overseas first to make sure the wording is suitable before signing and translating.

    Any opinions or suggestions?

    Thanks!
     
  2. SamanthaJay

    SamanthaJay Well-Known Member

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    Just worked out she will need a notary.
     
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