Many Turkish citizens wishing to purchase a house in the Netherlands, execute mortgage documents, establish a company or draw up a will eventually encounter the same question: is the assistance of a Turkish–Dutch sworn interpreter required at the notary’s office?

The answer is not always unequivocal. In practice, however, the involvement of a sworn interpreter is indeed required in a considerable number of notarial procedures.

In the Netherlands, notaries are consulted primarily for matters relating to:

Real estate transactions

 • purchase and sale of property

 • transfer of ownership

 • mortgage procedures

 • execution of mortgage deeds

Wills and inheritance matters

 • drafting wills

 • certificates of inheritance

 • settlement of estates

Corporate law matters

 • incorporation of private limited companies (BVs)

 • transfer of shares

 • amendments to company structures or articles of association

Family law matters

 • cohabitation agreements

 • prenuptial agreements

 • partnership agreements

Powers of attorney and document-related procedures

 • drafting powers of attorney

 • legalization of documents

 • authorizations for international procedures

İnternational matters

 • agreements involving foreign parties

 • execution of notarial deeds in the presence of a sworn interpreter

Why does a notary request an interpreter?

Although most Dutch notaries speak English, notarial proceedings in the Netherlands are, in principle, conducted in Dutch. Moreover, the notary is under a legal obligation to ensure that the person signing the documents genuinely understands both their contents and their legal implications. This obligation becomes particularly important in matters carrying substantial legal and financial consequences, such as mortgages, transfers of ownership and inheritance procedures.

Many individuals are able to function perfectly well in everyday Dutch, yet still encounter difficulties when confronted with the specialised legal terminology used during notarial meetings. If the notary considers that one of the parties does not possess sufficient command of Dutch to fully comprehend the legal documents, he or she may require the presence of a sworn interpreter.

In practice, interpreters are requested especially in situations involving:

• mortgage and financing documents

• transfers of ownership

• drafting wills

• company incorporation documents

• transactions involving substantial financial interests

• situations in which one of the parties has limited or no command of Dutch

At many notarial offices, the sworn interpreter also signs the principal documents. The purpose of this is not merely to confirm that a translation has been provided, but also to formally establish that the individual concerned sufficiently understood the contents of the documents prior to signing them.

How can you find a Turkish–Dutch sworn interpreter?

Many notarial offices collaborate with translation agencies or freelance sworn interpreters and may therefore recommend an interpreter themselves. In many cases, however, clients are also free to appoint their own sworn interpreter. When a client proposes an interpreter, the notary will generally first assess whether that interpreter may be used for the relevant procedure.

Why is choosing the right interpreter important?

Notarial meetings often involve far more than the mere signing of documents. Particularly in mortgage, inheritance and corporate law matters, the legal terminology used can be highly technical and complex. For that reason, it is essential not simply to work with someone who speaks Dutch, but with a sworn interpreter who also possesses substantial experience with notarial procedures.

In this series of blog articles, I will discuss in greater detail the most important considerations when selecting a sworn interpreter for notarial procedures in the Netherlands.

Evren Madran

The Talebird