Apostille Legalisation
The Hague Apostille is a way to validate (or ‘legalise’) a document for international use. When dealing with an inheritance in Spain, certain UK documents need an apostille (or ‘legalisation’) before they are presented to a Spanish notary, bank or authority.
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Written by:
Javier Pérez-Manglano
UK-Spain legal specialist, with qualifications in both jurisdictions
More about Javier
The function of the Hague Apostille is to confirm the authenticity of a signature or a stamp on a document. For Spanish inheritance matters, UK-issued documents often need to undergo apostille legalisation. In the UK, the official body that issues apostilles is the Legalisation Office, a department of the Foreign, Commonwealth & Development Office.
Both the UK and Spain are parties to the Hague Convention that regulates apostilles. This is what makes documents apostilled in the UK acceptable in Spain. This replaced the need to submit each document to the Spanish consulate for legalisation.
To obtain the apostille, the document needs to bear the signature or seal of a ‘public officer’. This means some documents can be apostilled directly whilst others need to be certified first. When this is the case, a notary public is usually the right person to certify documents intended for Spain.
Documents that can be apostilled directly
- Death certificate
- Grant of probate or letters of administration (a will can be annexed)
- Birth, adoption and marriage certificates
- Court orders
Documents that need a notary’s certification
- Certificate of law or affidavit of law
- Power of attorney
- Deed of variation
This is a very general list and there may be exceptions to this classification. For example, an electronic grant of probate may need a notary’s certification in order to get an apostille in paper form.
Apostilles and e-Apostilles
For a few years now, the UK government has been able to issue e-apostilles for certain documents.
An electronic apostille (e-apostille) has the same legal effect as a traditional paper apostille but it takes the form of a digital file. E-apostilles cannot be printed and therefore need to be submitted to the receiving party in electronic form (usually by email or through an online platform).
It is therefore important to make sure that an e-apostille is acceptable. Fortunately, the authorities in Spain (including notaries) are now bound by law to accept documents in electronic form, as long as they are properly issued.
This means that e-apostilles are valid in Spain. However, bear in mind that certain types of documents are still issued only in paper form. These can only get a traditional paper apostille, at least for the time being. A typical example is a death certificate.
A document issued electronically by a UK authority can only get an e-apostille if it includes an advanced electronic signature (AES) or a qualified electronic signature (QES) from a public officer. Notaries in the UK use these types of electronic signatures to certify documents, although whether this method is available will depend on the specific document.
Get in touch with us if you need assistance or have any questions about the legalisation of documents (with an apostille or e-apostille) for the administration of an estate in Spain. We can help with the process or provide guidance on the best course of action in relation to apostille legalisation for Spanish inheritance matters.
Common questions
What is the purpose of an apostille?
An apostille proves to a foreign authority that the official signature or seal on a document is genuine. For example, on a UK death certificate, an apostille confirms that the signature of the local registrar who signed the certificate is genuine. Or, for a death certificate issued by the General Register Office (GRO), it confirms that the seal of the GRO is genuine.
What types of documents need an apostille?
UK documents classified as ‘public documents’ may need an apostille when they are to be presented to a foreign authority. ‘Public document’ has a specific meaning when it comes to apostilles, taken from the Apostille Hague Convention. This includes documents signed or stamped by government officials, as well as by certain professionals who are treated as ‘public officers’ for this purpose, such as notaries public. For a Spanish inheritance, typical examples include a death certificate signed by a registrar, a grant of representation sealed by the Probate Registry or High Court, and a power of attorney certified with the signature and seal of a notary public.
Can I get an apostille on a will?
In the UK, a will is a private document signed by the person making the will and two witnesses. You cannot obtain an apostille for those signatures, as the people signing the will are not acting as public officers. Usually, the best way to obtain an apostille in connection with a will is to use an official copy sealed by the Probate Registry or the High Court. For this to happen, the will normally needs to have gone through the UK probate process first. An alternative may be to obtain a certified copy of the will from a notary public, although in most cases the notary will also need to check that the will has been proved. An apostille can then confirm either the seal of the Probate Registry or High Court, or the signature and seal of the notary public.
If you are having difficulty obtaining an apostille for a will, get in touch with us to see how we can help.
What does a traditional, paper apostille look like? And an e-apostille?
In the UK, an apostille takes the form of a square-shaped sticker attached to the back of the document whose signature or seal the apostille is confirming. The content of an apostille follows a standard format agreed by the countries that are parties to the Apostille Convention. This allows an apostilled document from one member country to be recognised in another.
An e-apostille or electronic apostille replaces the traditional, paper apostille for certain documents that have been electronically issued. In the UK, it takes the form of a digitally signed PDF document which contains links to an image of the document and an image of the corresponding apostille. This can be sent to the relevant authority by email or submitted to an online platform. It is an electronic document, however, and is not valid if simply printed out and presented as a paper document.
Who can apply for an apostille in the UK?
Members of the public can apply for apostilles and e-apostilles directly. They can also use a business registered to obtain apostilles, such as a notary or legalisation agent. E-apostilles are arranged online. Members of the public can apply for paper apostilles by post. Registered businesses also have access to a quicker service through a dedicated business counter that allows an employee of the business to submit the documents in person and collect them the next day. We are able to process apostilles for our Spanish Inheritance customers, either by post or through a registered business. You can find further information about the different application routes on the UK government’s Legalisation page.
Are apostilles country-specific?
No. Once a document has an apostille attached to it, you can submit it to an authority in any country that is a party to the Apostille Hague Convention. For example, if you need to present an apostilled death certificate in Spain and France, the same document can be used in both countries because the apostille is not issued for a specific country.
How we can help
We can:
- Obtain apostilles or explain how to obtain them
- Apply for e-apostilles
- Explain which documents can and cannot be apostilled
- Advise on and arrange any certification needed before a document can be apostilled
- Liaise with notaries in the UK who deal with certifications and apostilles
If you need help with other aspects of an inheritance in Spain,
see our Services page or send us an enquiry.