An Apostille is an official certificate issued by the Legislation Office to confirm that a document is genuine. It checks signatures, stamps and seals against official records. If they match, the office attaches the certificate to the document.
As a result, authorities in other countries can trust the document. This recognition applies to countries that follow the Hague Apostille Convention. Because of this agreement, documents can move between countries without further checks.
Why Would a Will Need an Apostille?
A Last Will and Testament may need an apostille when it must be used abroad. This situation often happens when estates involve international assets or legal responsibilities.
You may need an one if:
- The Will includes property or investments overseas
- An executor must act in another country
- A foreign court or authority requests proof of authenticity
In these situations, the apostille confirms that the document comes from a recognised UK source. Consequently, the receiving authority can accept it without delay.
What Does an Apostille Actually Confirm?
Many people assume an apostille verifies the content of a document. However, this is incorrect.
An apostille confirms:
- The authenticity of the signature
- The validity of any seal or stamp
- The authority of the person who signed the document
For example: It may confirm a solicitor’s signature on a certified copy of a Will. However, it does not confirm whether the Will is legally valid in terms of its content.
How a Notarisation is Different
People often confuse notarisation with an apostille. However, each step serves a different purpose.
| Notarisation | A notary or solicitor verifies the identity of the person signing the document |
| Apostille | The government confirms the authority of that notary or solicitor |
In most cases, notarisation happens first. Then, the apostille provides international recognition. You should always check if both steps apply to your document.
Which Documents Can Be Apostilled?
Many documents qualify for an apostille, if they meet the required standards.
Common examples include:
- Court documents sealed with a wet ink seal
- Birth, marriage or death certificates
- HMRC letters signed by an official
- Power of Attorney and legal agreements
Additionally, certified copies can also qualify. However, a UK solicitor or notary must sign these copies. If a document lacks a recognised signature, you must arrange certification before applying.
Types of Apostille
There are two types of apostille available in the UK. Each type suits different situations.
Paper-Based
- You send documents by post or deliver them in person
- The Legalisation Office attaches a physical certificate
This option suits most original and official documents.
Electronic (e-Apostille)
- You upload documents as digitally signed PDF files
- You receive the certificate by email
This option provides a faster turnaround. However, not all documents qualify for an e-Apostille.
For example: Birth certificates and DBS checks require the paper-based approach.
How to Get an Apostille
You can follow this straightforward process to obtain an apostille:
- Confirm that your document qualifies for legalisation
- Prepare the original document or a certified copy
- Arrange certification by a solicitor or notary if required
- Apply online through the Legalisation Office
- Submit your document by post or upload it for an e-Apostille
Once approved, you will receive your certificate by post or email. You can then share the document with the relevant overseas authority.
Costs and Processing Time
You should consider both cost and timing before you apply. Fees apply to each document individually.
Typical costs include:
- £45 per document for the standard paper-based service
- £35 per document for an e-Apostille
- Additional courier or postage fees where required
Processing times can vary:
- Standard service usually takes up to 15 working days
- e-Apostille services often take around 2 working days
In some cases, delays may occur if further checks are needed, so you should always allow extra time.
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This article is for general informational purposes only and does not constitute legal or financial advice. While we aim to keep our content up to date and accurate, UK laws and regulations are subject to change. Please speak to a professional for advice tailored to your individual circumstances. Will Guardian accepts no responsibility for any issues arising from reliance on the information provided.