Why Expert Translation of Probate Documents Matters
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:
- Document understanding: Translators must be legal sector proficient to maintain meaning and nuance.
- Certifications: Translations are sealed, accompanied by translator credentials and qualifications.
- 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.