To probate a foreign-language Will in Ontario, you must submit the original Will alongside an Affidavit of Translation. While using an ATIO-certified translator is highly recommended to prevent court delays, the Ontario Superior Court of Justice will accept a translation completed by any fluent individual, provided they swear a proper Affidavit of Translation before a commissioner or notary.
Handling Multilingual Estates in Ontario
Ontario is incredibly diverse, with cities like Toronto, Mississauga, and Markham home to families from all over the world. It is very common for a person to write their Last Will and Testament in their native language, such as Mandarin, Italian, or Russian. While a foreign-language Will can be perfectly valid under the Succession Law Reform Act, probating it requires extra legal steps.
The Superior Court of Justice operates entirely in English and French. 📜 Before a judge or court registrar will issue a Certificate of Appointment of Estate Trustee, they must be able to read and understand the document. You cannot simply have a bilingual family member translate the Will for the court.
Instead, Ontario law requires a formal, independent translation process. The executor must obtain a translation of the document accompanied by a sworn Affidavit of Translation. This guarantees the court that the legal nuances, beneficiaries, and instructions of the deceased have been accurately conveyed into the official record.
Step-by-Step Process in Ontario
Step 1: Locate the Original Foreign Will
The first step is securing the original, wet-ink signed Will. The Ontario court requires the original document, regardless of the language it is written in. If the Will was drafted overseas, ensure that it meets the basic validity requirements in Ontario (e.g., signed in front of two witnesses).
Step 2: Hire a Translator or Fluent Professional
While hiring a translator certified by the Association of Translators and Interpreters of Ontario (ATIO) is the best practice and highly recommended to avoid court delays, it is not a strict legal requirement. 👨⚕️ The translation can be completed by any individual who is fully fluent in both languages. However, they must be willing to sign and swear an Affidavit of Translation before a notary or commissioner, confirming under oath that their translation is true and correct.
Step 3: Obtain the Affidavit of Translation
Once the translation is complete, the translator must swear an Affidavit of Translation in front of a lawyer, Notary Public, or Commissioner of Oaths. Under Section 125 of the Courts of Justice Act, this sworn statement officially attaches the English or French translation to a copy of the original foreign-language Will, with the translator swearing that they understand both languages and that the translation is true and correct.
Step 4: File the Probate Application
Your estate lawyer will compile the standard probate application forms, the original Will, the translated Will, the Affidavit of Execution, and the Affidavit of Translation. 📚 This comprehensive package is then filed with the Superior Court of Justice in the Ontario county where the deceased resided.
How Much Does it Cost in Ontario?
Probating a Will in a foreign language introduces additional professional fees on top of standard estate administration costs. Here is what you should expect to pay:
- Translation Fees: Professional or ATIO-certified translators generally charge between $100 and $300 CAD per page, depending on the complexity and language (e.g., Russian or Mandarin may have different rates).
- Lawyer Fees: An Ontario estate lawyer will typically charge $2,500 to $4,500 CAD to prepare and file a standard probate application.
- Estate Administration Tax: The provincial probate tax remains the same: 1.5% on the estate’s value exceeding $50,000 CAD.
| Requirement | Standard English Will | Foreign Language Will |
|---|---|---|
| Original Document | Required | Required |
| Affidavit of Execution | Required | Required (Often needs translation too) |
| Affidavit of Translation | Not required | Mandatory (With sworn translator affidavit) |
How Long Does the Process Take?
Translating a legal document typically takes a certified professional 1 to 2 weeks. Once your estate lawyer files the complete package with the Ontario Superior Court of Justice, the processing time to receive your Certificate of Appointment usually ranges from 3 to 6 months, depending heavily on the backlog at your local courthouse.
Frequently Asked Questions (FAQ)
Can a bilingual family member translate the Will?
Legally, any individual who is fluent in both languages can perform the translation, provided they swear an Affidavit of Translation before a notary or commissioner. However, using a close family member-especially one who is a beneficiary under the Will-is highly discouraged because of the potential conflict of interest, which could lead to court scrutiny or objections from other heirs. Using an independent translator is always the safest approach.
Does the Affidavit of Execution also need to be translated?
Yes. If the witnesses signed an Affidavit of Execution (swearing they saw the testator sign the Will) in a foreign language, that document must also be translated and accompanied by a sworn Affidavit of Translation.
Is a Will signed in another country valid in Ontario?
Generally, yes. Under the Succession Law Reform Act, a Will is formally valid in Ontario if it complies with the internal laws of the place where the testator made it.
Do I need to send the Will back to the home country?
If the deceased owned property only in Ontario, you usually only need to probate the Will here. However, if they still own assets in their home country, you may need a local lawyer there to handle that jurisdiction.
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