When a person dies leaving assets, property, or beneficiaries in more than one country, executors often discover that the will itself is only part of the paperwork. Foreign banks, courts, land registries, and notaries may require a certified translation of the will, together with probate papers and, in some cases, an apostille or further authentication before they will accept the document. In England and Wales, executors named in a will may apply for probate, and that grant is the document that usually confirms their authority to deal with the estate.

For that reason, translating a will for use abroad is not simply a linguistic exercise. It is a legal document process in which wording, format, certification, and local acceptance standards all matter. Academic research on legal translation stresses that this area requires subject knowledge, contextual accuracy, and a method that reflects the legal effect of the source text rather than a purely literal substitution of words.

Why a will may need to be translated

A translated will is commonly needed where the deceased owned property abroad, held overseas bank accounts, had heirs living in another jurisdiction, or signed a will in one language that must now be used in another legal system. In cross-border succession matters inside much of the EU, executors and beneficiaries may also encounter the European Certificate of Succession, which is designed to help prove status and rights across participating Member States. The European Commission and the European e-Justice Portal explain that this certificate can be used by executors and administrators of the estate and is recognised across participating EU countries without a special recognition procedure.

That does not remove the need for translation in practice. Authorities still need to understand the documents placed before them, and local procedural rules can differ. A court or registry may ask for the will, the grant of probate or grant of representation, death certificate, identification documents, and evidence that the translation is certified or otherwise formally valid. HM Courts & Tribunals Service also makes clear that some probate matters involving a foreign will must be dealt with on paper rather than through the standard digital route, which shows how quickly international estates become more document-heavy than domestic ones.

What executors should check before ordering a translation

Before instructing a translator, the executor should confirm exactly what the receiving authority wants. This is the most important practical step. Some authorities want the entire will translated, including signatures, witness clauses, codicils, stamps, and handwritten notes. Others may ask for a court-sealed copy, a certified copy, or a translation attached to the original or notarised copy.

It is also sensible to ask whether the country in question requires:

• a certified translation
• a sworn translation
• notarisation
• an apostille
• translation of the grant of probate as well as the will

The apostille point is particularly important. The UK government states that certain official UK documents can be legalised for use abroad by the Legalisation Office, which attaches an apostille if signatures, stamps, or seals match its records. The Hague Conference on Private International Law explains that the 1961 Apostille Convention was created to simplify the use of public documents abroad by replacing longer chains of legalisation with a single apostille certificate.

Why specialist legal translation matters

A will contains terms that look familiar but carry precise legal meaning: executor, residue, life interest, beneficiary, trustee, revocation, and testamentary capacity are only a few examples. A weak translation can create uncertainty over who inherits, who administers the estate, or whether a clause should be read as mandatory or discretionary.

Academic work in legal translation repeatedly emphasises that quality depends on understanding both the language and the legal systems involved. Research on translation quality in legal contexts highlights the need for an adequacy strategy that accounts for legal context, genre, and purpose, while more recent work on specialised translator training underlines the value of expertise in revising and producing institutionally reliable texts.

For executors, that means a general translator is rarely enough. The safer course is to use a professional legal translation service experienced in wills, probate papers, inheritance files, and cross-border document formalities.

A practical step-by-step process

A sensible process usually looks like this.

• First, obtain the correct source document. Where probate has been granted in England and Wales, an official copy of the probate record or will may be needed. GOV.UK provides routes to apply for probate and to search probate records and wills.
• Second, identify the destination-country requirements. Check with the foreign court, notary, bank, land registry, or local lawyer. Requirements vary by country and by institution.
• Third, instruct a specialist provider for the certified translation of the will and any supporting probate documents. The translator should preserve names, dates, clause numbering, signatures, annexes, and formal wording accurately.
• Fourth, arrange any authentication needed after translation. Depending on the receiving country, this may involve certification, notarisation, or apostille. The order matters, so it is worth checking in advance whether the apostille is required on the original, the copy, or the translated version. GOV.UK and HCCH both provide the framework for understanding that stage.
• Fifth, submit the translated document package to the relevant foreign authority or local lawyer handling recognition, transfer, registration, or estate administration.

Conclusion

Translating a will for use in another country is a matter of legal accuracy as much as language. Executors should not assume that a basic translation will be accepted. The correct approach is to confirm the destination-country requirements, obtain the right probate paperwork, use a specialist legal translation provider, and deal properly with certification and apostille formalities where required. Done properly, a certified translation of a will helps foreign authorities understand the document clearly and reduces the risk of delay in probate abroad, inheritance administration, and property transfer.

Probate documentation—which includes wills, grant applications, death certificates, and inheritance forms—often originates from diverse legal systems. In England and Wales, for example, applications under HM Courts & Tribunals Service require an official copy of any foreign will, accompanied by a precise English translation. Similarly, where a death certificate is issued abroad, applicants must provide translations certified by qualified translators—unless the translation comes with its own certified seal. Failure to comply with these stringent requirements can cause serious delays.

1. The Foundations: What Is Probate?

In the UK, obtaining probate involves applying to the Probate Registry to acquire a Grant of Representation—either a Grant of Probate (where a Will exists) or Letters of Administration (where it does not). This legal instrument empowers the executor or administrator to collect assets, settle debts, pay inheritance tax, and distribute the balance.

In Civil law countries such as Spain, probate follows different mechanics—typically overseen by notaries rather than courts. For example, Spain’s Registro de Actos de Última Voluntad verifies the existence of a Will but does not itself issue grants.

2. Cross Border Challenges: The Probate Puzzle

A. Foreign Wills in the UK

When a deceased has a Will from another jurisdiction, the UK requires an official copy of the Will, certified by the foreign court, or notarised, and often apostilled under the Hague Convention. Any non-English documents must be translated and certified by a qualified translator, English notary, or consul; translators must provide credentials and may require an affidavit.

B. Resealing Foreign Grants

Under the Colonial Probates Act (1892 and subsequent orders), grants from Commonwealth countries—such as Australia, Canada (except Quebec), Kenya, New Zealand, Hong Kong, Singapore and South Africa—can be resealed in England and Wales. This process uses form PA1 (PA1P for Wills, PA1A for intestacy), includes submission of asset inventories, the foreign Grant, Will, and translations, and applies inheritance tax procedures (IHT207 or IHT400).

C. No Resale Option

If a Grant of foreign probate originates from a non–Commonwealth jurisdiction, such as Civil law countries (e.g. France, Spain beyond certain territories), one must apply afresh in the UK. In such cases, an affidavit or certificate of foreign law is typically required.

3. Succession Law: Location and Domicile

Success in probate depends on correctly mapping jurisdictional rules:

• Immovable assets (e.g. land, property) are governed by the law of the country where they lie.
• Moveable assets (e.g. bank accounts, investments) are regulated by the law of the domicile of the deceased

For instance, a UK storefront owned by a US domiciled person falls under UK succession law, while their UK bank account would be governed by US succession law

4. Taxation: Reconciling Dual Systems

Domicile is also important in determining tax jurisdiction. UK inheritance tax applies to worldwide assets of UK domiciliaries, whereas in the US, a federal estate tax may apply to both US citizens and resident domiciled non-citizens.

Cross-border estates risk double taxation. The UK–US Estate and Gift Tax Treaty offers relief by assigning primary taxing rights and allowing foreign tax credits. In cross-border cases, trusts or properties may still be taxed in the country of location, regardless of domicile.

5. Practical Example: Dual UK–US Assets

A recent case assisted a US citizen resident in the UK who died leaving foreign assets. The executors navigated both UK probate and US estate filing, including preparing Form 706‑NA to claim exemptions under the UK–US treaty. UK probate laws, such as those regarding non‑resident executors, and foreign law affidavits were duly complied with.

6. Translation: An Essential Bedrock

IMD Translations—an ISO certified specialist in legal, probate, and family law translations—provides vital support during cross-border probate.

Requirements include:

1. Document understanding: Translators must be legal sector proficient to maintain meaning and nuance.
2. Certifications: Translations are sealed, accompanied by translator credentials and qualifications.
3. Formal legal translation: Apostilles, notarisation, or consular certification ensure international recognition.

Accurate, accredited translations ensure that probate applications are accepted, especially when interpreting foreign legal instruments that must align with the registry’s requirements.

7. Procedural Timing: Managing Delays

Probate processing times vary widely. In paper applications—especially for complex foreign documents—delays of 16 to 22 weeks or more are common. Executors should consider strategies such as joint bank accounts, expedited forms (e.g. ad colligenda bona), and professional legal/translational assistance to prevent asset freeze, loss from penalty interest, or forced estate borrowing.

8. Strategic Recommendations

For English executors managing foreign estates, or vice versa:

• Clarify domicile and asset localisation before applying.
• Verify grant reseal eligibility under the Colonial Probates Act.
• Secure accurate, certified translations from IMD qualified linguists.
• Plan for tax coordination, utilising any treaties in place.
• Prepare for delay by submitting all documentation meticulously.
• Engage professional services—legal, translation, valuation—to streamline the process and prevent critical errors.

Conclusion

International probate presents legal, fiscal, and linguistic hurdles. A single last Will, interpreted through varying legal systems and languages, can complicate asset administration. Understanding how jurisdictions intersect—with domicile, asset location, translation accuracy, and tax treaties—forms the basis of effective cross-border estate management.

Translating Legacies: The Unsung Heroes of Cross-Border Probate

Translating wills and probate documents is not a simple linguistic task (indeed any multilingual task is not simple, especially in legal contexts); aside from a comprehensive knowledge of the languages involved, it also requires a deep understanding of both the legal systems involved, as well as the cultural context. Translators working in this field must be fluent in legal terminology and possess a comprehensive knowledge of probate law, including how different jurisdictions handle the distribution of assets, inheritance tax, and legal obligations. A mistranslation in this context could lead to significant financial and emotional repercussions, such as disputes among heirs, tax penalties, or the invalidation of a will.

When dealing with multinational estates, legal translators often encounter the challenge of aligning legal concepts that may not have direct equivalents in different languages. For example, terms such as “trust,” “executor,” or “intestate” may have different legal connotations depending on the country. A translator must ensure that the original intent of the testator (the person making the will) is preserved across legal systems while maintaining compliance with the laws of each relevant jurisdiction.

From Here to Heir: Recent Cross-Border Will and Probate Translation Examples

A recent high-profile example that highlights the complexities involved in translating wills across jurisdictions is the case of Joaquín ‘El Chapo’ Guzmán, the infamous Mexican drug lord whose multinational estate caused significant legal wrangling after his incarceration. Translators were tasked with interpreting complex legal documentation in multiple languages, including Spanish, English, and French, to ensure that his assets could be accurately distributed across different countries, including the United States and Mexico.

Another notable example is the case of Bernard Arnault, CEO of LVMH, who has amassed significant international wealth and properties. His estate planning involves complex legal instruments that cover multiple jurisdictions, including France, the United States, and various tax havens. In this case, legal translators played a key role in ensuring that each will adhered to the legal systems of the countries involved, particularly with respect to inheritance tax laws.

Cross-Border Conundrums: Challenges in Translating Wills and Probate Documents

Translators working in this area must carefully navigate several key legal challenges:

1. Differences in Legal Systems: Common law and civil law systems interpret wills and probate in different ways. For instance, common law systems (such as those in the UK and the USA) give more freedom to individuals in deciding how their estate is distributed, while civil law systems (such as those in France or Germany) have forced heirship rules that dictate how assets must be divided among family members. Translators must ensure that the translated document complies with the legal requirements of both the country where the will was drafted and the country where the assets are located.
2. Language Ambiguities: Legal terminology varies significantly across languages. Words and phrases that carry specific legal meanings in one language may not have direct equivalents in another. For example, the term “trustee” may have different connotations even in English speaking countries, for example the use of the term in the UK compared to the USA or Canada. Accurate translation is crucial to avoid legal disputes and misinterpretations, which could lead to an invalidation of the will or confusion during the probate process.
3. Cultural Sensitivities: Wills and probate documents often deal with culturally sensitive issues, such as inheritance rights, family dynamics, and religious considerations. Translators must be aware of these cultural differences and ensure that they do not inadvertently introduce biases or inaccuracies into the document.
4. Tax and Financial Implications: Tax laws vary significantly from country to country. Legal translators must ensure that their translations take into account the inheritance tax regimes of each jurisdiction involved. Failing to accurately translate tax-related clauses could result in costly penalties or the unintended disinheritance of beneficiaries.

 Why Specialised Legal Translation Services Matter

Due to the complex nature of translating wills and probate documents, it is essential to work with specialised legal translation services. Companies like IMD Translation offer expert services that are tailored to the unique needs of multinational estates, ensuring that every aspect of the will or probate document is accurately translated and legally compliant.

IMD Translations employs certified legal translators who are not only fluent in multiple languages but also have extensive legal expertise, including in cross-border estate planning. This ensures that every document they handle adheres to the highest standards of legal accuracy. Furthermore, they offer a range of services that cater specifically to the intricacies of wills and probate, such as the translation of testamentary clauses, inheritance agreements, and tax documentation.

Key Considerations for Multinational Estate Planning

For individuals with assets in multiple countries, estate planning involves several key considerations:

• Hire Legal and Translation Experts: Given the complexities of cross-border wills and probate, it is essential to work with both legal experts and professional translators who specialise in international estate law.
• Understand Jurisdictional Differences: Each country has its own set of laws governing inheritance, taxes, and the execution of wills. It is crucial to ensure that the will complies with the legal requirements of all relevant jurisdictions.
• Keep Documents Up to Date: Circumstances can change, particularly when dealing with multiple jurisdictions. Regularly updating the will and probate documents—and ensuring that the translations remain current—is crucial to avoiding legal complications down the line.
• Plan for Taxes: Different countries have varying inheritance tax laws, which can have a significant impact on the distribution of the estate. Professional translation services can help ensure that tax-related clauses are accurately interpreted and adhered to.

Closing Remarks

Translating wills and probate documents for multinational estates is a task that requires a high degree of legal and linguistic expertise. Working with specialised legal translation services, such as IMD Translation, ensures that these sensitive documents are accurately translated and legally compliant across multiple jurisdictions. As the world becomes more interconnected and cross-border estate planning becomes increasingly common, the need for precise and legally sound translations in wills and probate matters is greater than ever.

For more information on how IMD Translation can assist with your multinational estate planning needs drop us a line at info@imdtranslation.co.uk or give us a bell at 03309121530.

This particular legal case involved a complex dispute over inheritance of an estate located in Morocco which had been ongoing for several years.

The claimant, based in the UK, had faced significant language barriers when dealing with Moroccan solicitors and reviewing Arabic documents related to the estate. This lack of proficiency in Moroccan Arabic posed a considerable challenge, potentially affecting the claimant’s ability to present their case effectively.

To overcome the language barrier and ensure a fair legal process, the claimant engaged IMD Translation in the provision of translation and interpreting services. This resulted in all relevant documents, comprising court filings, correspondence, and conveyancing documents being accurately translated, including nuances, legal terminology, and cultural context, from Arabic and French in to English.

During meetings with Moroccan solicitors, IMD’s professional interpreters, proficient in both Moroccan Arabic and English, facilitated communication to ensure discussions were accurate and clearly understood by all parties.

Legal translation and interpreting services provided specialised knowledge of cultural nuance and legal terminology specific to both Moroccan and UK law. This expertise was crucial for understanding the related cultural and legal conceptsand ensuring accurate translation and interpreting.

Translation services were prompt, ensuring that the claimant received timely translations for court hearings, negotiations, and correspondence, allowing the case to progress efficiently.

The Results:

The effective use of language services led to several positive outcomes:

–        Improved Communication: The claimant could actively engage in meetings with Moroccan solicitors and stakeholders, contributing to a more effective legal process.

–        Accurate Understanding: Translated documents allowed the claimant to comprehend legal intricacies and make informed decisions.

–        Successful Outcome: After years of litigation, the case was eventually ruled in favour of the UK-based claimant.

The Conclusion:

In cross-border legal cases like this, professional translation and interpreting services bridge language and cultural gaps, ensuring fair representation and effective communication. By leveraging expert language services, the claimant successfully navigated a complex estate dispute, ultimately securing a favourable outcome.

If you have a case involving other language speakers and documentation, don’t let it get in the way of a positive outcome – speak to IMD Translation today at info@imdtranslation.co.uk or 03309121530

Enforcing a financial consent order abroad

If divorced in England and Wales, but one or both parties to the divorce have property or income abroad, a financial order in another country may need enforcing, which can be challenging.

This may involve needing to seek a financial order abroad,  such as when an overseas property is to be sold or transferred. There may also be a need for an overseas financial order if a former spouse has relocated to another country and they are to make maintenance payments. Advice from an experienced international family law solicitor will be needed in relation to how to enforce such an order, as this will depend on the circumstances and the country where it is to be enforced. Similarly, such documents may need to be translated into the official language of the locale in which is needed to be enforced in order to be recognised by the local authorities.

Updating your Will

It is also essential to review one’s Will after a divorce. If a Will has been made in England and Wales, then the Will is still valid in the event of divorce but may not be fit for purpose. Many people appoint their spouse as an executor and make them the main beneficiary of their Will. However, the effect of divorce on the Will is that it treats the spouse as if they passed away before maker of the Will. This means that the spouse will no longer be able to inherit from the Will or act as the executor. Although this may be what one may like to happen, this leaves significant gaps in one’s estate plan. Another person will need to be appointed to act as executor and decide who inherits from the estate.

Change your Power of Attorney

Similarly; most people will appoint their spouse as their attorney. However, the effect of divorce is that it will terminate the former spouse’s appointment as attorney, so one may be left without a power of attorney in place. It is essential to have an attorney in place to provide peace of mind to move forward. Where a power of attorney is being exercised in relation to assets or a beneficiary overseas, related documents may need translating into the language of the relevant locale.

Pensions if one partner moves abroad

Pensions can be a complex area of financial settlement in divorce, even more so when one party lives abroad or wishes to move overseas in the future.

It is not possible for the courts in England & Wales to make a pension sharing order against a pension held in a foreign pension scheme. However, a former spouse can transfer their pension funds into an overseas scheme, meaning one could lose out on pension income if this is not properly addressed as part of a financial settlement. Typically, the courts prefer a ‘clean break’ regarding pensions and will make a pension sharing order, which divides pensions right away. This is compared to a pension attachment order, which determines that a percentage of a person’s future income will be paid to their ex-spouse once the pension holder reaches retirement age.

Contact IMD Translation – Because in Legal Matters, Language Matters

If you need advice regarding international divorce or what comes next, get in touch with our sister company, IMD Solicitors.

If you need legal translation of documents, get in touch with IMD Translation today at 03309121530 or info@imdtranslation.co.uk.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.