A will signed in Lisbon, in Portuguese, before a Portuguese notary can be perfectly valid in Ontario. The Succession Law Reform Act accepts a will that complied with the law of the place where it was made, or of the testator's domicile, habitual residence or nationality at the time. What the will cannot do is speak to the court in Portuguese.
Until a translator swears to an English version, the estate trustee's application stalls. And the translation has to carry everything a probate judge looks at: the attestation clause, the notary's certificate, every initialled correction.
This guide covers foreign wills in Canadian probate province by province, what the translation must show, who may translate, how a Canadian will is used abroad, and the mistakes that delay estates.
Can a will made in another country be probated in Canada?
Yes, if it was validly made, and the rules on form are generous. Each province accepts several connecting laws:
| Province | Formal validity of a will made elsewhere |
|---|---|
| Ontario | Law of the place where it was made, or of the testator's domicile, habitual residence or nationality when it was made (Succession Law Reform Act, s. 37) |
| British Columbia | Law of the place made; of the will-maker's domicile, ordinary residence or citizenship when it was made or at death; of BC; or of the place where the property is (Wills, Estates and Succession Act, s. 80) |
| Alberta | For movables, law of the place made, of the domicile when made, or of the domicile of origin (Wills and Succession Act, s. 42) |
| Quebec | Law of the place made, of the place where the property is, or of the testator's domicile or nationality when made or at death (Civil Code art. 3109) |
Validity only gets the will through the door. If a foreign court has already granted probate, the executor may instead reseal that grant or seek an ancillary grant, a route covered in our guide to estates with foreign assets or heirs.
What does a Canadian probate court need from the translation?
A complete translation, sworn by the translator, in the format the province sets.
Ontario. The Courts of Justice Act (s. 125) requires documents filed in court to be in English or accompanied by an English translation "certified by affidavit of the translator", and the application for a certificate of appointment of estate trustee attaches the original will and codicils as exhibits to an affidavit of execution, or for a handwritten will an affidavit on the handwriting (rule 74.04). If the will has unattested alterations, erasures or interlineations, the court also wants an affidavit as to its condition (Form 74E), so the translation must show every one of them.
British Columbia. Each document filed with the application that is "not written in the English language" needs an affidavit of translator in Form P12, filed with the document (Supreme Court Civil Rules 25-3(2)(h) and (10); rule 25-6 for resealing). The translator swears to "a knowledge of the English and [other] languages" and competence to translate between them, with the original as Exhibit A and the translation as Exhibit B.
Alberta. If a will is in a language other than English or French, the application includes an affidavit in Form GA10 "verifying the will's translation" (Surrogate Rule 18). The translator swears they read, write and speak both languages fluently and that the translation "is accurate".
Quebec. A notarial will is executed en minute and needs no verification; holograph wills and wills made before witnesses are verified by a notary or the Superior Court (Civil Code arts. 716 and 772). Quebec's own instructions say a will can be verified "seulement s'il est écrit en français ou en anglais", and otherwise must be translated by a translator recognized by OTTIAQ. Official Translations is not a member of OTTIAQ or any other Canadian provincial association, so for a Quebec verification, use an OTTIAQ-recognized translator.
What must a will translation show?
Everything the judge, registrar or estate lawyer will compare with the original:
- Every clause, in the original order and numbering, including the revocation clause word for word.
- The testator's identity exactly as in the passport and death certificate, with dates and places as written.
- Each appointment of an executor, guardian or trustee, with the original title kept in italics.
- Each gift with its exact description: addresses, cadastral numbers, account numbers, shares and currencies, nothing converted.
- Conditions, substitutions and the residue, such as gifts to a beneficiary's descendants if the beneficiary dies first.
- Signatures, witnesses and the attestation clause, plus the notary's certificate, register numbers and stamps.
- Alterations, erasures, initials and marginal notes, described in square brackets where they appear.
- Handwriting, transcribed, with anything unreadable marked [illegible] rather than guessed.
Legal titles rarely match one for one, even inside Canada:
| Term | Where it comes from | How the translation handles it |
|---|---|---|
| estate trustee | Ontario (Rules of Civil Procedure, rule 74) | Ontario's term for an executor or administrator |
| personal representative | Alberta (Estate Administration Act) | Covers an executor, administrator or judicial trustee |
| liquidator of the succession | Quebec (Civil Code; Code of Civil Procedure art. 463) | Keep "liquidator"; do not convert it to "executor" |
| legítima | Spain (Civil Code art. 806) | The portion the law reserves to forced heirs (herederos forzosos) |
| Pflichtteil | Germany (BGB s. 2303) | A claim by excluded descendants, parents or a spouse for half the value of their statutory share |
Who may translate a will for probate?
Ontario, BC and Alberta do not name a profession; they require the translator to swear to the translation, and the affidavit can be tested. A beneficiary who translates a will that benefits them invites exactly that test, so an independent professional is the safer choice. Quebec is the exception: an OTTIAQ-recognized translator.
How is a Canadian will used in another country?
A foreign notary or court usually wants the will, proof of who may act for the estate and a death certificate, apostilled and translated; an executor who will not travel may also need a power of attorney. Three Canadian details help:
- Ontario court documents can skip the notary. Documents issued by the Superior Court of Justice since July 10, 2023, such as a certificate of appointment of estate trustee, may not need notarization before Ontario's Official Documents Services authenticates them.
- Quebec offers letters of verification "for use outside Québec". They certify that the succession has opened, identify the liquidator and, for a will, certify that it is the only or the last will (Code of Civil Procedure art. 463).
- International wills. Ontario and Alberta, the latter since December 1, 1978, have adopted the 1973 Convention on the form of an international will. Under it, a will "may be written in any language", which helps formal validity but does not remove the need for a translation.
Then the destination's translation rules apply, and many name their own translators. Italy requires an Italian translation certified by its embassy or consulate or by an official translator (Presidential Decree 445/2000, art. 33). In Germany the language of the courts is German (Courts Constitution Act, s. 184), and a civil court can order a translation by a translator authorized or publicly appointed under German state law (Code of Civil Procedure, s. 142). Where the destination accepts a professional translator's certified translation, Official Translations can provide it with the translator's sworn affidavit and an apostille on the translation. See apostilles explained for the Canadian side.
Why will translations delay probate
Only the gifts were translated. The attestation clause, notarial certificate and stamps are what the court uses to judge validity.
Corrections disappeared. A clean translation of a will with handwritten changes hides exactly what Ontario's Form 74E exists to explain.
The wrong format. A certificate of accuracy where BC wants Form P12, Alberta Form GA10 or Ontario an affidavit.
The original is abroad. Ontario's rule asks for the original will, while a notarial will in many civil-law countries stays with the notary. Ask the estate lawyer early how the court will accept a certified copy.
Names that drift. "Mikhail" in the will, "Michael" on the death certificate and "Mykhailo" on the passport force the lawyer to prove they are one person. See death certificate translation.
Checklist: before you order a will translation
Questions people ask
Does a foreign will need a certified translation for probate in Canada?
Yes, if it is not in the court's language. Ontario requires an English translation certified by affidavit of the translator, BC an affidavit of translator in Form P12 and Alberta one in Form GA10. The whole will is translated, including codicils, attestation clauses and notarial certificates.
Does a will written in French need translating?
It depends on the province. Quebec and Alberta accept French wills without translation, and Ontario lets parties file documents written in French. BC requires a Form P12 translation for every document not written in English, French included.
Can a family member or beneficiary translate the will?
The probate rules in Ontario, BC and Alberta do not name who may translate, but the translator must swear an affidavit that can be challenged, and a beneficiary's translation invites that challenge. In Quebec the translator must be recognized by OTTIAQ.
Do I need the original foreign will?
Usually the court wants it: Ontario's rule 74.04 attaches the original will and codicils to the application. If a foreign notary keeps the original, as civil-law notaries do with notarial wills, ask the estate lawyer how the court will accept a certified copy before you order translations.
How is a Canadian will or probate used abroad?
The will, the grant and the death certificate are usually apostilled and translated into the local language. Many countries set their own rules on who may translate; Italy, for example, wants a translation certified by its consulate or an official translator.
What is an international will?
A will made under the 1973 Washington Convention, which Ontario and Alberta have adopted, before a person authorized to act for international wills, such as an Ontario lawyer. It may be written in any language, but courts still need a translation to read it.
How much does a will translation cost, and how long does it take?
Official Translations charges CA$39.95 per page of up to 300 words, with a signed Certificate of Accuracy, and the translator's sworn affidavit is CA$24.95 per document. A one-page will is usually delivered within 24 hours, and longer wills take one to three business days.
