Many of our British and Irish clients who have properties on the Costa del Sol ask us several questions about the translation of their last will and testament. Do I need to translate my will? Why is it so important to make a Spanish Will? Do I need a certified translation? How can I check that the person I am talking to is really a sworn translator?
In this article, we answer some of your questions about the sworn translation of your will and all the necessary documents drawn up in the course of your own proceedings (death/marriage certificate, probate certificate, estate affidavit, Apostille). However, this is just a brief outline of a complex and sensitive issue. Further legal advice on applicable law to the succession should be sought.
Do I need to translate my will?
If you make a will in Spain, the Spanish version of the will be the valid version. In most cases, the Spanish will only include Spanish goods. However, you will need the sworn translation of the Spanish will into English if the deceased had property in the UK or Ireland but did not granted an English will because he/she was residing in Spain at the time of her/his death.
In addition, you will need a sworn translation of your will to enforce it before the British or Spanish authorities. The decision to make a will may be influenced by many factors, such as simplifying the process or avoiding long, expensive and difficult legal proceedings with regard to the administration of your estates.
Why is it so important to make a Spanish Will?
The public notary can help you when you decide to draft your will in Spain. This will protect you and your family legally. Thus, you will save time and money to your loved ones.
According to REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession:
“In view of the increasing mobility of citizens and in order to ensure the proper administration of justice within the Union and to ensure that a genuine connecting factor exists between the succession and the Member State in which jurisdiction is exercised, this Regulation should provide that the general connecting factor for the purposes of determining both jurisdiction and the applicable law should be the habitual residence of the deceased at the time of death.”
It should be noted that United Kingdom and Ireland are not taking part in the adoption of this Regulation and are not bound by it or subject to its application.
Do you need a certified translation?
Traductor Jurado Inglés offers you professional translation services. We translate documents from and into English-Spanish and deliver on-time, quality work. We provide certified translations valid within Spain.
To find out more about our Translation Service… click on this link.
If you need a sworn translation or know somebody who needs it, or have queries or questions in this regard, we would be pleased to help you at your earliest convenience. You can contact us by phone, e-mail or through our social networks. We reply to our clients very quickly.
In our team we always have a translator ready to do urgent translations of any nature/type. If you wish to find out more about our services, we invite you to visit our website or our Facebook page.
How can I check that the person I am talking to is really a sworn translator?
In Spain, the Ministry of Foreign Affairs is the body which authorizes sworn translators to carry out their job: to translate public documents such as academic transcripts, notarial deeds, birth/death/marriage certificates, probate documents, articles of association, contracts, etc. The Ministry of Foreign Affairs and Cooperation provides sworn translators with the relevant title in order for them to be able to translate as official translators and to perform thus their job.
The Spanish Language Interpretation Office periodically draws up a list including all sworn translators/interpreters who have been appointed as such on the part of the Spanish Ministry of Foreign Affairs and Cooperation. This list indicates the language(s) they have been authorized to translate/interpret. The latest update is available via this link.