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Translation of the European Certificate of Succession
European Certificate of Succession: Do I really need a translation?
The European Certificate of Succession simplifies the administration of estates within the EU. But when is a translation really necessary? The answer is not always clear and depends on various factors. Do you need assistance with the correct translation of your certificate of succession? Contact us for a non-binding consultation.
The topic briefly and concisely
The need for a translation of the European Certificate of Succession depends on the requirements of the respective authorities both domestically and abroad. Clarify this in advance to avoid unnecessary costs.
A certified translation by a court-appointed translator is crucial for the legal certainty and recognition of the ENZ abroad. This can increase the acceptance rate by up to 50%.
The validity of the ENZ is six months. Please take note of this and plan for an extension or reissuance if necessary to avoid complications.
Find out when you need a translation of your European Certificate of Succession, what costs are involved, and how to proceed in a legally secure way. Get informed now!
What is a European Certificate of Succession (ECS)?
The European Certificate of Succession (ECS) is a standardised document designed to facilitate the administration of estates across the European Union. It serves as proof for heirs, legatees, or executors to assert their rights in a cross-border inheritance matter. Although the ECS is recognised in all EU member states, the question often arises as to whether a translation is necessary. At Mentoc, we assist you in clarifying this issue and offer professional translation services should they be required.
Why the question of translation is relevant
Although the European Certificate of Succession is designed as a standardised form, there are certain situations where a translation may be required. This depends on the specific requirements of authorities, banks, or land registries in the involved countries. The need for a translation may also depend on the complexity of the inheritance case and the specific information it contains. We help you assess these aspects and make the right decision.
At Mentoc, our goal is to support individuals and businesses in all matters related to the European Certificate of Succession. This also includes providing certified translations produced by court-sworn translators. This ensures that your documents are internationally recognised and legally secure. Learn more about our certificate translation services.
Translation of the ENZ: When is it really necessary?
Standardised Forms: Often No Translation Needed
A significant advantage of the European Certificate of Succession lies in its standardisation. According to Art. 63 (1) of the EU Succession Regulation, the forms are structured identically in all EU languages. This means that the pure form fields generally do not require translation. The structure is decimal, which facilitates comparison by registry authorities in their respective national languages. Proper names and personal data are also exempt from this rule. The DNotI report confirms this view.
Exceptions: When Translation is Necessary
Despite standardisation, there are exceptions where translation of the European Certificate of Succession is essential. These situations mainly arise when the certificate goes beyond the pure form fields or when specific requirements of foreign authorities must be met.
Additional Text Sections
If the certificate contains additional text sections that go beyond the standardised form fields – for example, detailed information on a foreign matrimonial regime – translation may be necessary. These additional pieces of information are often not readily understandable to foreign authorities. It is important to note that translation costs, especially for extensive documents, can be significant.
Requirements of Foreign Authorities
Some foreign authorities, particularly in countries like Czech Republic, Slovakia, and Lithuania, require official translations of the European Certificate of Succession, even if the original is in German. This requirement may exist even if the certificate contains no additional text sections. It is advisable to check with the competent authorities in advance to avoid unnecessary costs and delays.
Language requirements: Application and use of the ENZ
Application in Germany: German is Mandatory
If you are applying for a European Certificate of Succession at a German probate court, the application must be in German. This applies regardless of where the certificate will eventually be used, such as to certify inheritance claims on a property in France. Even though a form can be used for the application, the court must use a form to issue the EU Certificate of Succession in order to ensure uniformity across all member states. Note that the information required for an EU Certificate of Succession may exceed that of a standard certificate application, which might necessitate a new affidavit, even if one has already been submitted for the certificate. For more information on applying for an EU Certificate of Succession, click here.
Use of the ECS Abroad: Acceptance Varies
The acceptance of the European Certificate of Succession in its original language varies significantly abroad. While some banks accept the original document, land registry offices frequently require a translation. For instance, Czech, Slovak, and Lithuanian authorities often demand official translations of German ECSs into their respective national languages. The European Commission provides detailed information on this.
Who Bears the Cost for the Translation?
It is often unclear who bears the cost of a potentially necessary translation of the European Certificate of Succession. This is particularly the case if the ECS contains additional text parts or if foreign authorities require a translation. It is advisable to clarify this question in advance with all parties involved to avoid misunderstandings and disputes. We would be happy to advise you at Mentoc on the costs of a certified translation.
Certified Translation: Legal Assurance for Your ENZ
What is a certified translation?
A certified translation is an accurate and faithful rendition of a document into another language, produced by a court-sworn translator. This translator certifies the accuracy and completeness of the translation with their stamp and signature. A certified translation serves as legally valid proof and is recognised by authorities and courts. It typically also includes a copy of the original document.
Providers of certified translations: What to look for
When choosing a provider for certified translations, there are several important points to consider. Pay attention to the qualifications and experience of the translators as well as adherence to quality standards.
Specialised translation agencies
There are specialised translation agencies that focus on the translation of legal documents such as the European Certificate of Succession. Providers like beglaubigte-übersetzung-3lc.de and Native Translator offer certified translations of the European Certificate of Succession. These companies have a network of sworn translators with expertise in inheritance law.
Quality standards
Look for certifications such as ISO 17100 (quality management for translation services), ISO 14001 (environmental management), and ISO 27001 (information security). These certifications ensure that the provider maintains high quality standards and handles your data confidentially. At Mentoc, we place great emphasis on quality and data security. Learn more about our costs for official document translations.
Costs and Duration: Plan Your Translation
Factors Influencing Costs
The costs for a translation of the European Certificate of Succession can vary depending on various factors. The key influencing factors include:
Language combination: Rare language combinations are often more expensive than common ones.
Volume of text to be translated: The more text that needs translating, the higher the costs.
Required certification: A certified translation is generally more expensive than a simple translation.
It is advisable to obtain a quote from different providers in advance to compare the costs. However, note that price should not be the only criterion. Pay attention to the quality and experience of the translators as well.
Translation Duration: Allow Sufficient Time
The processing time for a translation of the European Certificate of Succession can vary depending on the provider and the volume of text. Some providers offer express services, which are usually associated with additional costs. Allow sufficient time for the translation to ensure that you can present the document on time. At Mentoc, we strive to process your translations quickly and reliably. Find out more about our online services for certified translations.
Validity and Dispute: Legal Aspects of the ENZ
Validity of the European Certificate of Succession: Note the Time Limit
The European Certificate of Succession is generally valid for six months. After this period expires, an extension or a new certified copy may be required to continue using the certificate. It is important to keep track of the validity period to avoid unnecessary complications. The European Commission provides detailed information on this.
Appeals and Legal Remedies: Your Rights in Case of Dispute
The issuance or refusal of the European Certificate of Succession can be contested. The appeal is lodged with the Higher Regional Court via the competent probate court. An appeal to the Federal Court of Justice (BGH) against the decision of the Higher Regional Court may be permitted, provided that the court of appeal allows it. It is advisable to seek advice from a lawyer in the event of an appeal.
Risks and Liability: Caution with Revoked Certificates
A revoked European Certificate of Succession may be misused, for instance, to unlawfully access assets. The rightful heir has claims against the holder of the erroneous copy in such cases. Therefore, it is important to promptly return revoked certificates and inform the relevant authorities. German probate courts cannot reclaim issued copies of a revoked EU certificate, which poses the risk of asset acquisition by a bona fide third party. The "real" heir has a claim against the holder of the erroneous copy.
Alternatives to ENZ: National Certificate of Succession as an Option?
National Certificate of Inheritance vs. European Certificate of Succession: Which is better?
In addition to the European Certificate of Succession, there is also the national Certificate of Inheritance. This is issued by the German probate courts and also serves as proof of heirship. In many cases, a national Certificate of Inheritance may be sufficient, especially if the inheritance case does not have cross-border implications. However, the European Certificate of Succession offers the advantage of being recognised in all EU member states, thus simplifying the handling of cross-border inheritance cases. An existing Certificate of Inheritance reduces the costs of the EU certificate by 75%.
Supplementary Documents: Are additional proofs required?
In some cases, supplementary documents may be needed to prove heirship or the scope of the estate. For instance, in the Czech Republic, a separate, certified declaration of inheritance may be required to list assets in detail, even if this information is not included in the European Certificate of Succession. It is advisable to check with the relevant authorities in advance to determine which documents are necessary.
The legal complexity of such cases often necessitates specialised support. We at Mentoc offer you comprehensive consulting and translation services to ensure that all your documents comply with legal requirements.
Translation of the ENZ: When is it appropriate?
Check the requirements: Authorities and Institutions
The question of whether a translation of the European Certificate of Succession is necessary depends on the requirements of the respective authorities and institutions both domestically and abroad. Inquire in advance with the relevant offices about which documents are needed in which language. Consider both national and European regulations in this regard. The necessity of a translation may also depend on the type of asset. For instance, German land registry offices often require a translation of Italian ECSs, whereas banks may accept originals (e.g., in German).
Choosing the right translator: Qualification and experience matter
When choosing a translator for your European Certificate of Succession, pay attention to the qualifications, experience, and certifications of the translation service provider. A certified translation should be done by a sworn translator with expertise in inheritance law. Also, ensure compliance with quality standards such as ISO 17100, ISO 14001, and ISO 27001. At Mentoc, we work exclusively with qualified and experienced translators to ensure the highest quality and legal certainty for you.
The professional translation of documents is an important step to ensure that your rights and obligations in the event of inheritance are clear and understandable. We are happy to assist you with this.
Legally secure translation of your European Certificate of Succession
More useful links
The DNotI Report provides a detailed legal assessment on the necessity of translating the European Certificate of Succession.
The European Commission provides comprehensive information on the European Certificate of Succession.
The European Commission offers detailed information on the validity of the European Certificate of Succession and other relevant aspects.
FAQ
When do I need a translation of my European Certificate of Succession (ECS)?
A translation is often required when the ECS is used abroad and the local authorities or land registries demand a translation. It is also advisable if the ECS contains additional text parts beyond the standardised form.
Are the standardised form fields of the ECS always translation-free?
Generally, yes. According to Art. 63(1) of the EU Succession Regulation, the form fields are standardised and usually do not need to be translated. Exceptions occur if foreign authorities explicitly demand it or if the ECS contains additional, non-standardised text parts.
Who bears the cost of translating the ECS?
The responsibility for the costs is often unclear. It is advisable to clarify this in advance with all parties involved. If the translation is necessary due to requirements from foreign authorities, you should resolve this beforehand to avoid misunderstandings.
What is a certified translation and why is it important?
A certified translation is carried out by a court-sworn translator and confirms the accuracy and completeness of the translation. It is important to ensure the legal certainty of the document and the recognition by authorities and courts.
What quality standards should I consider when choosing a translation service provider?
Look for certifications such as ISO 17100 (quality management for translation services), ISO 14001 (environmental management), and ISO 27001 (information security). These certifications ensure that the provider adheres to high-quality standards and treats your data confidentially.
How long is a European Certificate of Succession valid?
The European Certificate of Succession is generally valid for six months. After this period, a renewal or a new certified copy may be necessary.
What can I do if the issuance of the ECS is challenged?
The issuance or refusal of the European Certificate of Succession can be challenged. The challenge is made by lodging a complaint with the Higher Regional Court at the competent probate court. It is advisable to seek advice from a lawyer in the event of a challenge.
Are there alternatives to the European Certificate of Succession?
Yes, there is the national certificate of inheritance. This can often be sufficient, especially if the inheritance has no cross-border relevance. An existing national certificate can reduce the costs for the EU certificate of inheritance.
