Update: Since 7 November 2023, China accepts apostilles under the Hague Apostille Convention. Most Australian documents for use in mainland China now need notarisation (where required) and a DFAT apostille only; the Chinese Consulate in Melbourne no longer legalises documents. See our China notarisation page. 自2023年11月7日起,文件经公证后由DFAT加签海牙认证即可在中国使用,无需领事认证。
Are you living in Melbourne and need to renounce your hereditary rights (放弃继承权声明书) for property in China?
If one of your parents or family members has passed away in China, you may have a right to inherit property in China. Due to your circumstances, you might wish to give up your inheritance right so that someone else can claim the inheritance. To relinquish your inheritance rights for property in China, you can sign a declaration that you have renounced your hereditary rights. Our Notary Public in Melbourne (墨尔本华人律师, 公证律师) can notarise the declaration form you sign.
It is best practice to consult a lawyer in China for the appropriate content and form of the declaration of renunciation of inheritance (放弃继承权声明) because every situation and locale has their own requirements. Whilst we can provide an example, it is your responsibility to ensure it is suitable for your purpose.
To authenticate the Declaration of Renunciation of Inheritance (放弃继承权声明) , you will need to first sign the declaration in front of an Australian notary public (澳大利亚公证律师), then have it authenticated by the Department of Foreign Affairs and Trade (澳大利亚外交贸易部).
It is important to follow the correct notarisation process as your document will unlikely be accepted in China. You may therefore incur more costs and experience further delays in rectifying the situation.
For an administrative fee, we can correspond directly with DFAT. This will save you time and ensure you avoid unnecessary hassle and stress from you doing this process yourself.
Please call our office on 03 9602 3988 for a quote. Alternatively, please send us an email at chuatan@tpg.com.au. You can read more about what we do here.