When dealing with Spanish probate matters, official translations are often required for key documents such as death certificates, Wills, and the Certificado de Actos de Última Voluntad. These documents must be accurately translated into English for use by UK authorities, particularly where the deceased held assets in both Spain and the UK.
Understanding when and why these translations are needed is essential to ensure a smooth and compliant Spanish probate process across both jurisdictions.
Death certificates
An official translation into English of a Spanish death certificate is required to apply for probate in the UK if the deceased passed away in Spain.
In Spain, two types of death certificates are issued, at the same time:
- The standard and longer version which states the deceased’s particulars in full. The Spanish death certificate is a longer document than the English certificate because it does confirm further information in relation to the deceased: names of parents…
- The multilingual version and shorter version. This version does contain some information in English. However, the relevant Authorities clearly state that. If this version is going to be submitted to the Authorities in the UK, an official translation into English must be submitted as well. The multilingual version, on its own, can be only used in countries which are part of the EU, therefore if this multilingual version is going to be submitted to the Authorities in the UK, its corresponding official translation into English must be submitted as well.
Wills
Official translators normally must translate Spanish Wills when dealing with Spanish probate documentation to be used in the UK.
The Open Will is the Spanish Will made by the testator/testatrix before a Notary and recorded as a public deed by the Notary.
The official translation into English of a Spanish Will is required if the British testator/testatrix did make an Open Will in Spain for his/her Spanish assets but did not make an English Will for assets in the UK, for example. The official translation will also be necessary when a Spanish testator/testatrix disposed of his/her assets in the UK under his/her Spanish Will.
Sometimes, a Spanish Will may be drawn up in two columns (Spanish and English). The English version is only for information purposes. It is not an official translation and is rarely prepared by a professional translator.
An official translation into English of the Spanish Will (even though this may include an English version) is required to be submitted to the Authorities in the UK.
Last Will Certificate issued by the Spanish Registry
In Spain, once Wills have been made before a Notary, the Wills must be registered by the Registro de Actos de Úlitma Voluntad [the Spanish Probate Registry]. Every time a Will is granted, even by the same testator/testatrix, the Will has to be registered.
The Spanish Registry will issue the Certificado de Actos de Última Voluntad. An official translation of this document into English may be necessary if the deceased had assets in the UK but did not grant an English Will because she or she was domiciled in Spain. The Certificate confirms if the deceased granted a Spanish Will, when and the name of the notary who executed the Will.
There is no equivalent of this certificate in the UK because Wills are not granted before a Notary and do not need to be registered with any Registry.
Here to help you
Official translators are expert in legal terminology. They are also very familiar with the differences between the English and Spanish legal systems and will produce accurate translations to be accepted by the British Authorities.
Our partner business in-house Head of Official Translations, Dalila Segador, Official Translator of English and Spanish, works closely with our Wills and Probate Department to offer combined services when there are Spanish documents involved.
For further information, please contact us on (+34) 951 552 254 or complete an online enquiry form, and a member of the team will be in touch.