Applying for probate in England and administering estates both depend on documentary evidence. If the originals are missing or misplaced, a legal battle may ensue to ask a court to determine the truth. Having certified copies of documents in England could circumvent the problem, provided they are genuine and true.
What Certified Copies Are & What They Are Not
A certified copy of a document in England must have an endorsement on it to the effect it is a true copy of the primary one it represents. However, note that this does not confirm that the primary one is genuine. But that would in any case need to be proven either way if there were a dispute.
Despite this certified copies are common especially in English-speaking countries, and the most popular way to provide ‘true copies’. Needless to say there are rules for them because otherwise the system could be open to fraud.
Certified Copy of Deed of Sale (Jefferson Collection BY Public Domain)
Uses for Certified Copies of Documents in England
The commonest applications involve government administrations requiring documentary evidence. However, document holders often don’t want to hand over originals for fear they may never see them again. Certified copies are an inexpensive workaround since they are so-to-speak as good as the originals.
The system works well internally in England, but our rules may not apply in other countries. If this is the case it may be necessary to ask a qualified lawyer to attest the copy is genuine. Needless to say this may cost considerably more!
Is This the Same As a Duplicate Original?
No not at all! Duplicate originals are different from certified copies of documents in England, because each stands on its own rights. This happened with the Magna Carta royal charter, because the parties did not trust each other to curate the original. To complicate matters further each successive monarch negotiated a fresh one.
King John Signs Magna Carta (E Nye March 9, 2014 BY Public Domain)
Typical Certified Copies of Documents in England
Government departments, banks, building societies, lawyers and paralegals commonly request certified copies when their systems trigger this. Common examples include:
Passports
Birth Certificates
Marriage Certificates
Death Certificates
Driver Licences
Utility Bills
Letters from Authorities
Notes from Doctors etc.
English conventions require the certification be by ‘a professional person or someone well-respected in your community of good standing. However, these ought not to be anyone related to you, in a relationship with you, or living at the same address.
Check with the requestor whether they have specific requirements. Otherwise one of the following could suffice:
Minister of Religion
Councillor
Building Society or Bank Official
Solicitor or Notary
Chartered Accountant
Lecturer or Teacher
Dentist or Doctor
Valid Certified Copies of Documents in England
- Take the original document(s) plus photocopy(s) to a person in good standing with their consent.
- Make sure they write ‘certified to be a true copy of the original seen by me’ on each page.
- They should then sign and date the page(s) and print their name clearly under their signature.
- Finally, they should add their occupation, address and telephone number in case someone wishes to check.
Does Certifying a Translation Work the Same Way?
You may not need to have a Welsh-to-English, or an English-to-Welsh translation certified in England, so do ask first. But for the rest, you may need certification that any other translations are correct. This undertaking must be by someone literate in both languages – the translator could be your best bet. Make sure they write the following on the translation:
- Confirmation it is a ‘true and accurate translation of the original document’ and the date of translation.
- The full name and contact details of the translator or a representative of the translation company.
Is It Really Worth Going to This Trouble?
Anybody Can Make a Photocopy (Norsk Teknisk Museum BY CC 4.0)
Yes, we believe it is. That’s because government departments, banks, building societies, lawyers and paralegals have their own rules and they stick to them. Moreover, they also have a statutory / moral duty to ensure they are working with valid information.
But the real cruncher is they might only discover a copy is incorrectly certified during final review of your case. In this instance, you could face annoying time delays just when you thought your application was up for approval.
Get More Sage Advice About UK Probate Here
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