Foreign Will in Belgium: Translation and Succession Procedure

Do you need a sworn translation of a foreign will in Belgium? When a succession involves a will drafted abroad or in a foreign language, Belgian notaries, courts and the Central Register of Testaments all require a certified sworn translation before the document can be recognised and executed. This complete guide explains Belgian notarial law on foreign wills, the EU Succession Regulation, and how to obtain a legally valid sworn translation anywhere in Belgium.

Legal basis: recognition of foreign wills in Belgium

Belgium is a party to the Hague Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions. Under this convention, a will is formally valid if it complies with the internal law of the place where the testator made it, the place of the testator's nationality, the place of the testator's domicile or habitual residence at the time of making the will or at the time of death, or - for immovable property - the place where the property is situated.

In practice, this means that a wide range of foreign wills can be recognised in Belgium as formally valid. However, to be relied upon in Belgian succession proceedings, the foreign will must be translated into Dutch, French or German (depending on the region) by a certified sworn translator registered in Belgium's national registry.

The EU Succession Regulation (EU No 650/2012)

Since 17 August 2015, the EU Succession Regulation has governed cross-border successions within the European Union (with the exception of Denmark, Ireland and the United Kingdom). Under this regulation:

• The law applicable to a succession is generally the law of the state where the deceased was habitually resident at the time of death
• A person may choose the law of their nationality to govern their succession through an express clause in their will
• The European Certificate of Succession (ECS) allows heirs and executors to exercise their rights across EU member states without additional formalities
• Authentic instruments - including notarial wills - are recognised across EU member states

Even where the EU Succession Regulation simplifies recognition, the underlying documents - wills, probate certificates, inheritance declarations - must be accurately translated into the language of the country where they are to be used.

Belgian notarial requirements for foreign wills

Belgian notaries play a central role in succession proceedings. When a succession involves a foreign will, the notary typically requires:

• A certified copy of the original foreign will (apostilled or legalised where required)
• A sworn translation into the regional language (Dutch in Flanders, French in Wallonia and Brussels, German in the German-speaking community)
• Evidence of the will's validity under the law of the country where it was made
• Any probate grant or court certification required by the foreign jurisdiction

The sworn translation must be prepared by a translator registered in Belgium's national registry of sworn translators and interpreters. Translations by unregistered translators are not accepted by Belgian notaries or courts for succession purposes.

The Central Register of Testaments (Centraal Register van Testamenten / Registre Central des Testaments)

All wills drawn up before a Belgian notary are registered in the Central Register of Testaments. When a Belgian notary discovers a foreign will during a succession, they will check whether a Belgian will also exists. Foreign wills may also be registered in this register. A certified translation may be needed for registration purposes.

Frequently asked questions

Does every foreign will need to be sworn translated to be valid in Belgium?

Yes, in practice. While a foreign will may be formally valid in Belgium without translation (under the Hague Convention), it cannot be acted upon by Belgian notaries, courts or public registries unless it has been translated into the relevant Belgian language by a certified sworn translator. Without a sworn translation, the notary cannot include the will in the succession proceedings.

Who is authorised to provide sworn translations of wills in Belgium?

Only translators registered in Belgium's national registry of sworn translators and interpreters are authorised to provide certified translations for use in Belgian judicial and notarial proceedings. TranslateBE works exclusively with registered sworn translators for all succession document translations.

How long does a sworn translation of a foreign will take in Belgium?

For most common languages and standard-length wills, TranslateBE can deliver a certified sworn translation within 2 to 5 working days. For urgent succession matters, express delivery within 24 to 48 hours is available. Contact us to discuss your timeline and we will do our best to accommodate your needs.