22 January 2021
Wills - Non-English speaker - Language used for will - Role of translator
When preparing a will for a non-English speaking client, is it acceptable to have the will drafted in both English and the client’s native language? How does the translator fit into the execution process?
Thank you for the question.
It is usual to draft and execute a will in English only. This avoids any discrepancy between the two versions.
For execution by a non-English speaker, the relevant By Lawyers attestation clause in the Wills guide provides:
- In addition to the testator, three people are required, one to read the will and translate it, and two others to witness the will. If necessary the person who reads and translates the will can also be one of the witnesses. Record all names and addresses.
- People signing, reading, and translating on behalf of others should have no interest in the will and should not be related to the testator.
The translator needs to translate the entire testamentary document to the testator in the presence of the witnesses. The testator must then indicate that they understand and approve of the contents of the will before it is signed. The translator then needs to inform the witnesses that the testator has indicated their understanding and approval.
Where a solicitor is supervising this process, whether or not they are also the interpreter or one of the witnesses, their file note should clearly record each step of the process.
Regards
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