False friends in legal Dutch

January 30th, 2025 by dutchlink

Posted in Translation | Comments Off on False friends in legal Dutch

False friends in legal Dutch

Would you trust AI to translate your legal documents? Here’s why false friends in legal Dutch can cause serious problems…

What is a false friend?

Consider the Dutch terms mentor and curator. These words exist in English, so shouldn’t the Dutch mentor also be translated as mentor in English? And the Dutch curator as curator?
The answer is: no! These words are false friends – terms that look or sound similar in two languages but have different meanings.

A professional translator does their research

Research reveals the differences in meaning:

Dutch word	Meaning in Dutch	Meaning in English
curator	A legally appointed person who looks after both the personal and financial affairs of an individual who lacks mental capacity.	Someone who manages and oversees a collection of items, typically in a museum, gallery, library, or other cultural institution.
mentor	A legally appointed person who makes decisions about an individual’s personal care when they cannot do so independently due to illness, disability, or age.	Someone who provides guidance, advice, and support – especially to someone less experienced.

AI translates what it finds – not what’s correct

AI doesn’t do research – it just picks a word that “looks right.” AI learns from patterns in online texts. If enough Dutch speakers mistranslate mentor as mentor in English, AI assumes that’s correct – even when it isn’t. A professional translator thinks critically and cross-checks terms using legal knowledge, not popularity bias.

A professional translator asks the right questions

When choosing an appropriate translation for mentor and curator, a professional translator asks the following questions:

✅       What are the equivalents in other English-language jurisdictions?

✅       What’s the best translation in English – without misleading the reader?

 

A professional translator will find the following:

Dutch word	Equivalent in England & Wales	Equivalent in the US
mentor	personal welfare deputy	conservator of the person
bewindvoerder	property and financial affairs deputy	conservator of the estate
curator	personal welfare and financial affairs deputy	general conservatorship

However, using direct equivalents could confuse the reader and mislead them into thinking they are reading about a non-Dutch jurisdiction.

My preferred translations use the word ‘guardian’ – a broad and widely understood term that allows for clear distinctions:

Dutch word	My preferred translation
mentor	personal welfare guardian
bewindvoerder	property and financial affairs guardian
curator	general guardian

Context is key – and AI often misses it

A professional translator will take context into account and ask:

✅ Does the term have different meanings in different contexts?

The Dutch curator also has a different legal meaning: in faillissement (bankruptcy), a curator is a court-appointed bankruptcy trustee or receiver. This person manages the bankrupt estate, liquidates assets, and distributes proceeds to creditors.

False friends can cost you money (or make you look unprofessional)

A single mistranslation can lead to:
❌ Legal disputes
❌ Financial penalties
❌ Contractual misunderstandings
❌ Damage to your professional reputation

A professional translator prevents costly mistakes before they happen.

These examples show why it’s always best to use an experienced legal translator. False friends can lead to mistranslations that obscure or distort critical legal terms—sometimes with serious consequences.

Have you ever spotted a false friend in legal translation? Let me know.