Why is this different from a normal translation?
Normally, someone that speaks two languages fluently can provide a reasonably good translation but this is not sufficient for the task at hand when dealing with Spanish Probate matters.
When it comes to document translation you will require a sworn or official translation, the main difference is that a sworn translator is required for dealing with Spanish Probate. A ‘sworn’ translation is legally valid in the target country and the translator has the responsibility of making sure the translation is perfect. In order to become a sworn translator, the professional has to take a course and pass an exam. In other words, not all translators are sworn translators who can make official translations.
Is a sworn translation always needed?
Since both the UK and Spain signed The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, a UK document translated to Spanish needs the apostille and this simplifies the legalisation process, making things both easier and faster. The need for a translation depends on the use of the document.
You may think that you won’t need to translate the documents you have to show to the notary because some speak both languages, but you will need to have any documents officially translate need to be sent to the public administration of Spain. Please call us to check for further advice on what documents need to be translated for Spanish probate.
Is this enough to validate a will?
Spanish laws follow the Latin system, meaning that notaries have more powers than in the UK. In the UK, a will is valid if it is signed before two witnesses, while in Spain the safest way to make an effective will is by doing it before a notary. The presence of a notary is not mandatory, but it helps to demonstrate that the will is genuine.
In order to validate a Will for Spanish Probate purposes you will usually need a Grant of Representation. In the case that the UK registry does not issue a Grant of Representation, the heirs may encounter more problems.
If you want to complete the probate successfully and quickly, you can take advantage of our expertise and experience.