Will Translation for Germany

The concepts of the joint will and the contract of inheritance

German succession law has institutions peculiar to it, such as the joint will made by spouses together (gemeinschaftliches Testament, in its common form the Berliner Testament) and the contract of inheritance (Erbvertrag); where a Turkish will contains reciprocal or interdependent dispositions, these are carried across in the form the source gives them, without being equated with a German institution. The translator conveys the type of the document and the interdependence of its dispositions exactly as they stand; describing a Turkish instrument as a Berliner Testament can misrepresent the character of the intention.

If dispositions in the will have been made subject to a condition or an obligation, that one person is to care for another, say, the conjunctions and the order of those conditions are preserved exactly, because it is from this detail that the Nachlassgericht reads what the disposition has been made to depend on. Where a concept peculiar to the law of succession has no exact counterpart in German, the term is chosen so as to preserve the meaning of the source and is supported by an explanation where necessary. An approximate equivalent can widen or narrow the scope of the intention without anyone noticing.

The applicable law and administration of the estate

Which country’s succession law applies in a cross-border estate is a question in itself; within the EU this turns on an assessment tied to criteria such as habitual residence, and it is treated separately in files with a Turkish connection. That assessment is a legal matter and not the translator’s business: the translator carries the intention expressed in the will as it stands and writes no conclusion as to which law applies. The applicable law is determined by the Nachlassgericht and the lawyer consulted.

An estate in Germany may, where necessary, be administered by an executor of the will (Testamentsvollstrecker); if the will makes such an appointment, the name of the person appointed and the extent of their powers are preserved in full in the translation. Because the limits of an executor’s authority, which assets and for what period, have legal consequences, they are rendered without being generalised. Carrying this information across accurately keeps the basis for the Erbschein and for the administration of the estate sound.

The type of the will and its formal features are reflected plainly in the translation: in a holograph will, that the text was written by hand and that a date and a signature are present; in an official will, the details of the notary and the witnesses. These particulars are not mere formality, since the Nachlassgericht assesses the validity of the document by its form first. Conditional expressions, “on condition that” or “for a specified period”, determine when and how a disposition takes effect and are preserved exactly, conjunctions included; a small change can shift the circumstance to which the intention was tied.

The Nachlassgericht and the Erbschein

The passing of an estate in Germany usually depends on the certificate of inheritance (Erbschein) issued by the Nachlassgericht; where a Turkish will is to serve as the basis for that process, the court reads from the translation to whom the intention is directed and in what proportions. The names of those in whose favour dispositions are made, the descriptions of any property and the proportions of the shares are therefore preserved in the translation as though they were identity numbers; a proportion or a name that has slipped makes the application for an Erbschein open to dispute.

The type of will is read against German categories

German succession law draws a distinction of form between a will drawn up before a notary (notarielles Testament) and a holograph will (eigenhändiges Testament). The type of the Turkish will, official or holograph, is stated plainly in the translation; the document is not, however, equated with a German type, but carried with its own identity and explained in brackets if need be. In a holograph will it is noted that the text was written by hand and that a date and signature are present; in an official will, the details of the notary and the witnesses, because the Nachlassgericht looks to form first.

The European Certificate of Succession (ENZ) context

The European Certificate of Succession (Europäisches Nachlasszeugnis) may be used in cross-border estates within the EU; although Türkiye lies outside the Union, this document can still turn up in your file where the assets or an heir are connected with the EU. When the translation of the will is read alongside documents of that kind, names, dates and descriptions of property are expected to be consistent.

The order of authentication and frequent mistakes

Because a will originates with a notary or a court, its apostille is obtained from the relevant judicial justice commission. A translation submitted to an official body in Germany must bear the stamp of a sworn translator (beeidigter Übersetzer).

• Do not add any comment on the validity of the intention; that is a matter for the Nachlassgericht.
• Include the record of opening in the file; do not have the will alone translated.
• Obtain the apostille from the judicial justice commission; confirm the conditions from the HCCH list.

Germany is a party to the Hague Apostille Convention. You can have your file handled at our single office in Ankara Kızılay, see the cost on our pricing page and upload your document to request a quotation. This page is for general information and is not a substitute for legal advice; for questions of succession law, consult your lawyer.