With global migration and cross-border investments on the rise, many Australians are now dealing with foreign wills—either as executors, heirs, or legal representatives. But what happens when a will is written in a different language or comes from a country with different legal systems? In New South Wales (NSW), translation and notarization of a foreign will are often required to ensure the document is legally recognised and valid in court.
According to recent figures by the Australian Bureau of Statistics, nearly 30% of Australians were born overseas—making international estate matters increasingly relevant. Whether you’ve inherited property overseas or are managing a loved one’s affairs from abroad, this guide breaks down when and why translation and notarization of a foreign will is required—and how you can navigate the legal process smoothly with the help of Legal Finda.
Understanding the Basics of Translation and Notarization of a Foreign Will
When someone passes away and leaves behind a will created in another country, the document may not automatically be accepted under Australian law. Legal professionals and courts in NSW must be able to verify the authenticity, clarity, and intent of the will before allowing probate or distribution of assets. Here’s where translation and notarization of a foreign will come into play.
What Is Translation and Why Does It Matter?
A will written in another language must be accurately translated into English before it can be submitted for probate in Australia. Courts in NSW require a certified translation—not just a casual or online version. A minor misinterpretation of wording can lead to major issues in the estate distribution process.
Certified translation of a foreign will typically includes:
- Translating the full document, including signatures and legal statements.
- Certification from a qualified translator (NAATI-accredited in Australia).
- A declaration or affidavit confirming the accuracy of the translation.
If the will is not in English, it must be accompanied by a certified translation when filed with the probate registry in NSW. This is a critical step in the overall translation and notarization of a foreign will process.
When Is Notarization Required?
Notarising foreign legal documents in Australia refers to having a legal professional (such as a notary public) formally verify that the document is authentic and legally executed according to the laws of its country of origin.
Notarization may be required if:
- The will is being used in international jurisdictions or dual legal systems.
- The probate court in NSW needs assurance about the identity of the testator (the person making the will) and the witnesses.
- There’s a risk of fraud, dispute, or unclear instructions within the foreign will.
In some cases, Australian courts may require both translation and notarization of a foreign will before the will is accepted—especially when dealing with countries that have no mutual recognition treaties with Australia.
Foreign Will Requirements in NSW
To be accepted for probate in NSW, a foreign will must meet certain legal thresholds, including:
- Formal validity: The will must have been created according to the laws of the country where it was executed (e.g., signed, witnessed).
- Substantive validity: The person making the will must have had legal capacity and intent.
- Recognition of foreign wills in Australia: The will must not conflict with public policy or mandatory succession laws in NSW.
With the right translation and notarization of a foreign will, these legal thresholds become easier to meet, reducing the risk of probate delays or rejection.
When Is a Foreign Will Valid in Australia?
Foreign wills can be valid in Australia under the Succession Act 2006 (NSW) if they comply with the laws of:
- The country where the will was executed.
- The country where the deceased was domiciled or habitually resided at the time of death.
- The country where the deceased owned property.
However, if there are language barriers, ambiguous instructions, or missing formalities, the court may reject the document unless it's properly translated and notarised. Hence, the importance of the translation and notarization of a foreign will cannot be overstated.
Key Scenarios Where Translation and Notarization of a Foreign Will Are Required
You’re most likely to need translation and notarization of a foreign will if:
- The will was made in a non-English-speaking country (e.g., Vietnam, Italy, Germany).
- The original will uses culturally or legally unique terms that require explanation.
- The will is being submitted for international estate administration in Australia.
- Probate is being sought in NSW while the deceased’s primary residence was overseas.
- Disputes are likely, or family members are challenging the will’s authenticity.
The NSW Probate Process for Foreign Wills
Applying for probate in NSW when the will is from another country can be a bit more complex. Here’s a simplified version of what to expect:
1. Obtain the Original Will
- Collect the foreign will in its original form.
- Secure a certified English translation if needed.
2. Notarisation (if required)
Engage a notary public to confirm the legitimacy of the will and its witnesses.
3. Apply for a Grant of Probate in NSW
- File the application with the NSW Supreme Court Probate Registry.
- Include affidavits, death certificate, certified translation, and the original or notarised will.
4. Wait for Court Decision
The court will assess whether the will is formally and substantively valid under NSW law.
5. Estate Administration
Once granted probate, the executor may proceed to administer the estate, including distributing assets in Australia.
Each of these steps may require the translation and notarization of a foreign will, depending on the origin and language of the document.
Common Pitfalls to Avoid
Foreign wills can bring legal headaches when these issues arise:
- Incomplete translations or poorly translated legal terminology.
- Wills that were not properly signed or witnessed according to foreign law.
- Lack of proper notarization where required.
- Conflicts between the foreign will and Australian succession laws.
Avoid delays and disputes by working with professionals who understand the translation and notarization of a foreign will and the intricacies of cross-border estate laws.
Tips to Streamline the Process
To improve your experience and avoid legal bottlenecks, consider the following:
- Use a NAATI-accredited translator for any will not written in English.
- Consult with a notary public familiar with international estate matters.
- Engage an Australian solicitor who specialises in wills and estate law.
- Start early—processing international documentation can take weeks or months.
- Centralise your legal efforts with platforms like Legal Finda, where trusted professionals can coordinate everything for you, including the translation and notarization of a foreign will.
Why Legal Finda?
Whether you’re managing an estate, navigating probate, or preparing for the future, Legal Finda connects you with experienced estate lawyers across Australia. Our vetted network can assist with every step—from translation and notarisation to probate and estate distribution—making sure you meet all legal requirements while easing your stress.
Conclusion
When dealing with foreign wills in NSW, translation and notarization of a foreign will aren’t just bureaucratic extras—they are often essential to ensure your loved one’s final wishes are honoured in Australia. Whether you need help with a certified translation, notarising a document, or navigating complex international estate rules, expert guidance can save time, money, and emotional strain.
If you're unsure whether you need to translate or notarise a will from overseas, Legal Finda is here to help. We’ll guide you through the entire process, offering clarity and confidence every step of the way.
Explore your legal options today and secure peace of mind with Legal Finda—your trusted partner for the translation and notarization of a foreign will in NSW.
