One of the problems involved in official translations of English Wills to be used in Spain is that English Wills do not state whether:
- The testator has the necessary legal capacity to grant the Will or
- Before whom the Will is granted
English Wills are granted before a solicitor but this fact is not indicated in the Will. Sometimes the English Will is simply a form.
Spanish Wills are granted before a Notary. The Notary states in the Will whether the testator has the necessary legal capacity to grant the Will. Therefore official translators have to think of ways to reflect and explain the differences between English and Spanish Wills so that the official translation of the English Will is accepted by the relevant Spanish authorities (normally a Spanish Notary)
Official translation of a Grant of Probate
Official translators normally have to translate a document called Grant of Probate when dealing with English probate documentation to be used in Spain.
The Grant of Probate is a document issued by the English High Court of Justice after the English Will has been validated. A copy of the Will is annexed to the Grant.
In general terms, the Grant of Probate confirms the following information:
- The name and address of the deceased
- The date of death
- The name(s) and address(es) of the Executor(s) authorised to administer the estate
- The gross and net value of the estate in the UK
The Grant of Probate enclosing a copy of the Will and apostilled will have to be submitted to the Spanish notaries, registrars or banks if the deceased had assets in Spain. An official translation of the aforesaid documentation will be also submitted.
In Spain there is not a document like the Grant of Probate. The Official translator will have to produce an official translation of a document with no equivalent in Spain.
Sworn Translator no. 3674
Traductora Jurada no. 3674