What is a Notary and when might you need one?
Written by Claire Thompson | Wills, Trusts, Tax and Probate team |20 October 2023
Navigating the intricacies of the legal world can sometimes feel like deciphering a foreign language. Amidst legal jargon and countless professions, the role of a Notary in the UK remains one of the most historically rich, yet perhaps one of the least understood. So, what exactly is a Notary, and when might you find yourself in need of their specialised services?
Historical Roots of the Notary Public
A Notary, often referred to as a Notary Public, is an ancient legal profession, with its roots stretching back to Roman times. However, its formative years in the UK can be traced to 1533 during the reign of King Henry VIII. Interesting Fact: despite our rapidly evolving legal landscape, Notaries in the UK still operate under the guidance of the Archbishop of Canterbury.
The Role of a Notary in Modern Times
In simple terms, a Notary Public is an internationally recognised legal professional responsible for the preparation, authentication, and certification of documents, transactions, and other assurances. Their primary function is to prevent fraud by witnessing the signing of documents and verifying their authenticity.
While solicitors often deal with matters confined within the UK, Notaries have a more international focus. Their seal of approval is recognised worldwide, making them an indispensable asset for cross-border affairs.
Scenarios Where a Notary Might Be Required
Overseas Property Transactions: Buying a property abroad is exciting but can also be fraught with complexities due to varied legal systems. Many countries require documents to be notarised to ensure their validity, making a Notary's role crucial in these transactions.
Business Abroad: If you're expanding your business overseas or entering into contracts with foreign companies, certain documents may need the stamp of a Notary to be considered valid in the international arena.
Marriage Overseas: Love knows no bounds, and for those choosing to tie the knot in a foreign land, some destinations require specific documentation, authenticated by a Notary, to proceed with the nuptials.
Child’s Travel Consent: In instances where a child travels abroad with one parent or a grandparent, many countries require an official consent form. This document, ensuring the absent parent(s) approve of the travel, often needs notarisation.
Academic and Professional Credentials: If you're planning to study or work abroad, the foreign institution or employer might require your academic or professional credentials to be notarised before acceptance.
Choosing the Right Notary
Not all Notaries offer the same services, so it's essential to select one that caters to your specific needs. It's worth noting that while there are approximately 850 Notaries Public in England, many also practice as Solicitors, having undergone additional training and examinations to earn the title of Notary.
In Conclusion
While you might not encounter a need for a Notary in your everyday life, certain pivotal moments—like purchasing an overseas home, getting married abroad, or expanding a business internationally—can necessitate their expert touch. Understanding their role can not only demystify a crucial aspect of the legal world but also ensure that when the time comes, you're well-prepared to navigate the process.
Should you need a Notary, Claire Thompson, a Solicitor in our Wills, Trusts, Tax and Probate team is a qualified Notary and will be able to help you. She’d be delighted to hear from you and answer any questions you may have. Please call her on 01752 827074 or email her at cthompson@nash.co.uk
