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Court and Probate Translations: the Translator's Affidavit

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Irish courts and the Probate Office ask for more than a certificate of accuracy. Here is what Order 40, the Circuit and District Court rules and Order 79 say, quoted from the rules.

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Guide

Where a certificate of accuracy is not enough

For most Irish uses, a certified translation with a signed statement of accuracy does the job. The courts are different. When a foreign-language document is going to be relied on as evidence, or a will written in Polish, Portuguese or German has to be proved in the Probate Office, the rules of court ask for something more formal: an affidavit in which the translator swears to their qualifications and to the accuracy of the translation.

This guide sets out what each set of court rules actually says, quoted from the rules themselves, what the Probate Office asks for when a will is not in English, and how an affidavit can be sworn by a translator who is outside Ireland.

Guide

The Superior Courts: Order 40

The Rules of the Superior Courts govern the High Court, the Court of Appeal and the Supreme Court. Order 40 deals with affidavits, and rule 18 covers a person who cannot make an affidavit in English or Irish. Such a person makes a "foreign language affidavit" in a language they understand, and:

A foreign language affidavit shall be translated into one of the official languages of the State by a translator who is suitably qualified for the purpose.
Rules of the Superior Courts, Order 40, rule 18(2)

The rule then says what must be filed. An affidavit of the translator must be filed or lodged at the same time, in which the translator sets out their qualifications as a translator, exhibits a copy of the foreign language affidavit and the original translation, and confirms that the translation is accurate. The original translation itself must also be filed with the translator's affidavit. Rule 20 closes the loop: no foreign language affidavit shall be used in evidence without the translator's affidavit.

Where the deponent does not understand English or Irish, rule 19 adds a further step. The affidavit must be read to the deponent by a suitably qualified interpreter, and the interpreter also swears an affidavit. If the translator and interpreter are the same person, a single affidavit can cover both roles.

Guide

The Circuit Court: Order 23

The Circuit Court amended its rules in 2018 to deal with foreign documents and translations. The new rule 9 of Order 23 applies where a document is not in English or Irish, its content is intended to be relied upon, and it is exhibited to an affidavit. Unless the court otherwise permits, a written translation must be produced by a suitably qualified translator, and:

the translator shall exhibit the foreign language document and the original translation to an affidavit which shall verify his qualifications as a translator and confirm that the translation is accurate and the affidavit shall be filed or lodged at the same time as the foreign language document
Circuit Court Rules, Order 23, rule 9 (S.I. No. 429/2018)

There is an alternative in the same rule: the translator may instead produce the foreign language document and the original translation at the hearing and verify their qualifications and the accuracy of the translation on oath. For most people, whose translator is not going to attend court, the affidavit route is the practical one. If you are gathering documents for a Circuit Court case, such as a foreign divorce decree, bank records or a marriage certificate, it is worth telling your translator at the start that an affidavit will be needed.

Guide

The District Court: Order 50

The District Court Rules on affidavits in civil proceedings (S.I. No. 17 of 2014) mirror the Superior Court wording. A foreign language affidavit "must be translated into one of the official languages of the State by a translator who is suitably qualified for the purpose", and an affidavit of the translator setting out qualifications, exhibiting the documents and confirming accuracy must be filed with it. The District Court rule includes a small but useful qualification: no foreign language affidavit may be used in evidence without the translator's affidavit "unless the Court is otherwise satisfied as to the evidence contained in the foreign language affidavit".

Guide

Probate: when the will is not in English

The Probate Office issues grants of representation. Order 79 of the Rules of the Superior Courts gives the Probate Officer a specific power for foreign-language wills:

Where a will is in any language other than the Irish or English language the Probate Officer may admit it to proof in terms of a translation thereof in the Irish or English language.
Rules of the Superior Courts, Order 79, rule 5(10)

In practice this is done by a Probate Officer's Order. The Courts Service's guide to probate orders lists what the application to "prove a will in terms of a translation" needs, including:

Affidavit of official translator. The translator must have personally translated the will, give credentials, exhibit the translation of the will, and swear the translation is a true and accurate copy.
Courts Service, Probate orders

The same list includes a grounding affidavit from the solicitor, the original will (or a sealed and certified copy where the original has been proved or is retained abroad), a sealed and certified copy of any foreign grant, an affidavit of law from an independent lawyer with expertise in succession law in the country of domicile, the death certificate, and a €50 fee paid in stamped fees. See our pages on foreign will translation and probate documents.

Note the word "personally"

The Probate Office wants the person who swears the affidavit to be the person who did the translation. An affidavit sworn by a manager on behalf of a team does not meet that description, so the affidavit should come from the translator who actually did the work.

Guide

Swearing an affidavit outside Ireland

A translator does not need to be in Ireland to swear an affidavit. Order 40, rule 11 of the Superior Court rules allows affidavits to be taken abroad before an Irish diplomatic or consular representative:

or, when there is no such representative or agent or no such representative or agent conveniently near to the deponent in such country or place, before any notary public lawfully authorised to administer oaths in that country or place
Rules of the Superior Courts, Order 40, rule 11

The Circuit Court's Order 23, rule 4 uses almost identical wording, and the District Court rule is broader still: where the person making the affidavit is outside the State, it may be made before any person authorised by law to administer oaths in that place. Under the Superior and Circuit Court rules, the court takes judicial notice of the notary's seal or signature. As with every procedural point, the judge or Probate Officer keeps discretion over the evidence, so your solicitor should confirm the format before you file.

Facts worth knowing

Irish court rules refer to "the official languages of the State", which are English and Irish, so a translation into Irish is as valid as one into English.

Order 40 says an affidavit is not sufficient if sworn before the solicitor acting for the party on whose behalf it is used.

Under the Circuit Court rules, public documents from states party to the 1987 Brussels Convention are admissible without legalisation, and a document bearing a Hague Convention apostille is admissible without further proof unless the contrary is shown.

Where a translator and interpreter are the same person, one affidavit can cover both roles.

The Probate Officer's Order for a foreign-language will carries a €50 fee in stamped fees.

Guide

What goes into a translator's affidavit

Taking the rules together, a translator's affidavit for an Irish court or the Probate Office should:

  1. identify the translator, their occupation and address;
  2. set out their qualifications and experience as a translator of the language pair concerned;
  3. state that they personally translated the document;
  4. exhibit the foreign-language document (or a copy) and the original translation, each marked as an exhibit;
  5. confirm that the translation is true and accurate;
  6. be sworn before a person authorised to administer oaths, with a proper jurat.

Your solicitor will usually tell you which court office the papers are going to and how they want exhibits marked. Share that with the translator before the affidavit is drafted.

Guide

How we can help

We translate court and probate documents into English from more than 100 languages: wills, foreign grants and certificates of inheritance, court judgments and pleadings, powers of attorney, bank statements and civil status records. Each translation comes with a signed Certificate of Accuracy, the translator's name and signature, our company address, phone number and email, a company stamp and a reference number.

Where the rules call for a translator's affidavit or a notarised translation, ask your solicitor how that step should be handled before you order. The certified translation is €29.95 per page (up to 300 source words), and a hard copy by tracked post can be added at checkout. Standard turnaround is 24 hours for one to three pages. If a court office or the Probate Office rejects our translation, we revise it free of charge or refund you in full. Get a quote for your documents.

Guide

Common mistakes

FAQs

Common Questions

Do Irish courts need a translator's affidavit?+
Usually, yes. The Superior Court, Circuit Court and District Court rules require a foreign-language affidavit or exhibited document to be translated by a suitably qualified translator, with an affidavit in which the translator sets out their qualifications, exhibits the document and the original translation, and confirms the translation is accurate.
What does the Probate Office need for a will in a foreign language?+
A Probate Officer's Order to prove the will in terms of a translation. The Courts Service lists an affidavit of official translator, in which the translator must have personally translated the will, give credentials, exhibit the translation and swear that it is true and accurate, along with other affidavits and a €50 stamped fee.
Can the translator swear the affidavit outside Ireland?+
The rules allow it. Order 40, rule 11 permits affidavits abroad before an Irish diplomatic or consular representative, or before a notary public where none is conveniently near. The Circuit Court rule is similar, and the District Court allows any person authorised to administer oaths where the deponent is. Confirm the format with your solicitor.
How much does a court or probate translation cost?+
The translation is €29.95 per page, where a page is up to 300 source words, and most one to three page orders are delivered within 24 hours. If a translator's affidavit or notarised translation is needed, ask your solicitor how that step should be handled.
Can I translate a document myself for court?+
The rules call for a translator who is suitably qualified for the purpose and who sets out those qualifications on affidavit. A party translating their own evidence is unlikely to meet that standard, so ask your solicitor before relying on a translation you prepared yourself.
View all FAQs →
Sources

Official Sources

Checked 25 September 2026. Rules change, so confirm with the receiving body before you apply.

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