- Ontario's Succession Law Reform Act sets out the formal requirements for a valid will — the testator's signature, made or acknowledged in front of two witnesses who are present at the…
- The Superior Court of Justice conducts its proceedings in English (or French, in courts and regions where French-language proceedings are available).
- Court processes typically expect more than an informal translation done by a family member, because the court needs some assurance the translation is accurate and complete.
Ontario is home to people who write their most important documents in dozens of languages, and a will is no exception. If a loved one left a will written in French, Mandarin, Punjabi, or any language other than English, families are often surprised to learn the document is still perfectly valid — but that validity and "the court can read it" are two different questions.
This article walks through why a will's language doesn't affect whether it's legally valid, why the probate court still generally needs an English version, and what the translation for probate process usually looks like in practice.
A Will's Language Doesn't Determine Whether It's Valid
Ontario's Succession Law Reform Act sets out the formal requirements for a valid will — the testator's signature, made or acknowledged in front of two witnesses who are present at the same time and who then also sign. A properly handwritten and signed "holograph" will is valid without any witnesses at all.
Nothing in those formalities depends on the language the will is written in. A will drafted entirely in a language other than English can meet every one of Ontario's execution requirements and be just as valid as one written in English.
Why the Court Still Needs to Be Able to Read It
The Superior Court of Justice conducts its proceedings in English (or French, in courts and regions where French-language proceedings are available). A probate application is a court filing, and the judge or registrar reviewing it needs to be able to understand exactly what the will says — who is named as estate trustee, what gifts are made, and whether any conditions apply.
Because of that, an application involving a will not written in English will generally need to include an English translation alongside the original document, so the court has a version it can rely on.
What "Certified Translation" Generally Involves
Court processes typically expect more than an informal translation done by a family member, because the court needs some assurance the translation is accurate and complete. In practice, that usually means a translation prepared or attested to by a qualified, professional translator, sometimes accompanied by a sworn statement (an affidavit) confirming its accuracy.
Exact requirements — who qualifies to certify a translation, what form any accompanying affidavit needs to take, and any associated cost — can vary and change over time, and should be confirmed with the specific court office handling the estate, or with a lawyer, before you submit anything.
Practical Steps If You're Dealing With a Will in Another Language
- Locate the original will. Courts generally want to see the original document, not just a copy, so keep it secure once located.
- Do not rely on an informal or personal translation for the court filing. Even a fluent, accurate translation by a family member may not meet what the court expects for a certified version.
- Arrange a professional translation. A qualified translator (sometimes with a sworn affidavit attached) is generally the safer path for a document going before the court.
- Confirm current requirements before filing. Court practices and required forms can change, so check with the relevant court office or a lawyer before you submit the probate application.
- Keep both the original and the translation together as part of the estate's records — you'll likely need to reference both throughout the administration.
What This Doesn't Change
- The translation requirement is about the court's process, not the will's underlying validity — a properly executed will in another language is not somehow "less valid" than an English one.
- Needing a translation doesn't mean the estate needs an unusual or more complicated type of probate application — it's an added document, not a different process.
- This is separate from questions about a will made or signed outside Ontario, which involve their own considerations and are outside the scope of this article — if that applies to your situation, get advice specific to those facts.
Frequently asked questions
Does the whole will need to be translated, or just parts of it?
Generally, the court expects a complete and accurate translation of the entire document, not a summary or partial translation — a partial translation risks omitting something the court considers relevant to the application.
Who is allowed to prepare the translation?
Requirements can vary, and this is exactly the kind of detail worth confirming with the specific court office or a lawyer before filing, since practices around who may certify a translation are not the same everywhere and can change.
Can a family member who is fluent in both languages just translate it themselves?
That's often not accepted for a court filing, because the court typically wants some independent assurance of accuracy that a family member's own translation may not satisfy. A professional translation is the more reliable route.
Does the executor named in the will still need to apply for probate the normal way?
Yes — translating the will doesn't change who applies or the general probate process itself. It simply adds a document the court needs so it can properly review the application.
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