Cross-border probate & language barriers
When someone passes away with assets abroad, the legal complexity of probate multiplies. Beyond the different succession laws and jurisdictions, language barriers are often what can stall an estate for months, if not years.
Potential Risks
Cutting corners with AI-generated translations or using translators that are not qualified to translate in the legal field can lead to financial losses and delays or even worse. Misinterpreting tax-related clauses can lead to double taxation or missed deadlines with foreign tax authorities.
Legal translators accurately render specific terms, they understand the nuances of both the source and target legal systems (e.g., Common Law vs. Civil Law), ensuring the document is legally sound in the target jurisdiction.
However, it is also essential that the translator is able to certify the translation in accordance with the official bodies’ requirements both here in the UK and abroad.
Generally, for UK probate, non-English documents must be translated by a translator accredited by a professional body such as the Institute of Translation and Interpreting (ITI) or the Chartered Institute of Linguists (CIOL). A statement of truth signed by the translator should accompany the translation.
The majority of the foreign jurisdictions require UK issued documents to be legalised by the Foreign, Commonwealth and Development Office (FCDO) before being translated. The translation will need to be certified in accordance with the local laws and in some countries (such as Spain, France or Poland) the authorities require it to be carried out by a sworn translator, officially appointed by their respective government or court.
Legal concepts often lack direct equivalents between jurisdictions. Many European jurisdictions, for example, do not recognize “trusts” in the same way English law does, which can lead to significant errors if the linguist is not a specialist and translates too literally. In the UK, an executor manages the estate; in many civil law countries, assets may pass directly to heirs who then handle the debts themselves. In England and Wales, you are free to disinherit family, but if you own a property in Europe, local forced heirship may apply and override your will.
Getting it right
There might also be instances where the translator needs to swear an affidavit or make a declaration before a notary as to the accuracy of the translation, and where that affidavit/declaration also needs to be legalised by the FCDO; this very much depends on the specific request of the overseas jurisdiction, country or recipient of the documents in question.
So, just to reiterate, it is imperative to ensure that the instructions and expectations of the receiving jurisdiction are complied with, and it is therefore worthwhile taking the additional time needed to make sure the right type of certified translation is commissioned.
At ABC Translations, we’ll guide you to ensure that the correct type of translation is provided using only qualified and/or sworn translators with the appropriate experience of the subject matter. And if you need documents legalised we can arrange for that with the FCDO on your behalf. We can also assist with translating requests to overseas banks and other institutions to obtain financial information, deeds and property records required for probate purposes.
Should you need any further information about how we can assist with overcoming language barriers when it comes to cross-border probate, do please contact us using the link below.
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