Inheritance in Spain

Common questions

What is a Spanish sworn translator?

It is a translator that has been appointed by the Spanish government, particularly the Ministry of Foreign Affairs. These translators exist specifically to translate documents that need to be used in official procedures (such as the administration of an inheritance). In Spanish, they have received slightly different names over time: traductores jurados (sworn translators), intérpretes jurados (sworn interpreters) or traductores-intérpretes jurados (sworn-translator interpreters). Sworn translators normally qualify through official examinations, although in the past it was also possible to obtain the appointment through a university degree in translation with a sufficient focus on legal and financial translation.

What does a Spanish sworn translation look like?

A Spanish sworn translation includes a certification by the sworn translator using a prescribed formula. This is added at the end of the translated text and confirms that the translation is complete and accurate. It is followed by the translator’s signature and stamp and the date. The translator’s stamp confirms their full name, official number and the foreign language they are authorised to translate from or into.

Together with the translated text, the translator must include a copy of the original document, stamped and dated on every page. Some sworn translators also sign and stamp every page of the translation and may include a certification on a cover page, in addition to the prescribed formula at the end of the translation.

Spanish sworn translators can now also issue and certify their translations electronically, and this is becoming increasingly common. To do this, they must use a Qualified Electronic Signature (QES), which includes a layer of identity verification that gives the signature official recognition. By law, Spanish authorities must accept sworn translations that have been properly certified electronically. In other words, they cannot insist on a paper translation as the only option.

Are there sworn translators in the UK?

The UK itself does not have a system for the official appointment of sworn translators equivalent to the Spanish system. Instead, UK authorities will usually accept translations into English of foreign documents when they are appropriately certified by a translator or translation agency with professional credentials. Professional translators can join organisations such as the Institute of Translation and Interpreting (ITI) or the Chartered Institute of Linguists (CIoL). For translation agencies, there is the Association of Translation Companies (ATC).

However, if you need a translation into Spanish by someone based in the UK, there are Spanish sworn translators who work here. They have been officially appointed by the Spanish government but happen to be based in the UK. The translator’s location is not usually important unless you need to meet them in person, so you can certainly use a Spanish sworn translator based in the UK — including our own.

Do the Spanish authorities accept translations done by someone other than a sworn translator?

The short answer is generally ‘no’. If the translation of your document is for an official procedure (e.g. dealing with an inheritance), the safest choice is to use a Spanish sworn translator. There are, however, some qualifications to this. Within the EU, Member States must accept translations certified by someone who is qualified to do so in another Member State.

But if we think of translations of UK documents for use in Spain, there is no direct recognition of professional translators who are not officially appointed sworn translators. Another possible route is a notarised translation — that is, a translation certified by a notary. A notary could either certify the accuracy of the translation directly (if they speak Spanish) or may certify the signature of a translator who confirms the accuracy of the rendered text. This method, however, is often more expensive than using an official sworn translator. It also comes with the risk that a particular authority in Spain may take a strict view and reject a document that cannot technically be classified as a sworn translation.

Does a Spanish sworn translation need to be apostilled?

No, assuming the translation is for use in Spain. The signature and stamp of a Spanish sworn translator (appointed by the Spanish Ministry of Foreign Affairs) are directly accepted in Spain without an apostille. This is because the sworn translator has been officially appointed by the Spanish authorities, so their signature and stamp are recognised directly in Spain. In fact, the UK Legalisation Office cannot issue an apostille for the signature of a Spanish sworn translator.

If a Spanish sworn translator prepares a translation that will be used in a country other than Spain, then it is possible to obtain an apostille. In this case, the apostille is issued by the Spanish authorities. But this is not a scenario that you would encounter if you need the translation of UK documents to deal with an inheritance in Spain. Even if you need an English translation of a Spanish document for use in the UK, the translation will not need an apostille and will not necessarily need to be carried out by a Spanish sworn translator.

What documents do I need to get translated in order to deal with an inheritance in Spain?

This very much depends on the specific case. The Spanish notary dealing with the inheritance will normally indicate which documents need to be translated. As mentioned earlier in the page, typical documents needing translation are wills, grants of probate, certificates of law, death certificates, and birth and marriage certificates. Not every inheritance will require all of these documents, and your particular case may require others. We can assist with the translation of documents once you know which ones you need or, through our Spanish estate administration service, we can become more involved in determining which documents need to be translated.