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When someone passes away, obtaining a Grant of Probate in England and Wales (referred to as the UK in this article), can already feel daunting for those without legal expertise. If the estate involves a Will made abroad or other foreign legal documents, the process can become even more complex.

At IMD Solicitors LLP, our cross-border estate solicitors regularly assist clients in these situations. We understand the extra steps and potential probate delays that can arise when foreign documents are involved, and how to navigate them effectively.

Why a foreign will can slow down UK probate

The Probate Registry requires the original Will before issuing a Grant of Probate in the UK. However, in many other countries, the original Will may be retained by the local court permanently. This means it is simply not possible to send the original to the UK.

When this happens, the Probate Registry will usually require:

• A detailed statement explaining why the original Will is not available
• Supporting evidence from the foreign court or legal authority
• A certified / notarised copy of the foreign Will and relevant documents, as appropriate

Until these requirements are met, the Probate Registry may raise further queries to confirm the document’s authenticity. This can result in delays to probate and, in turn, slow down the administration of the estate.

How we help clients facing probate delays with foreign documents

Our private client team has extensive experience in UK probate applications involving foreign Wills. We can:

• Work closely with foreign lawyers and court officials to obtain certified copies and official statements, where appropriate
• Draft the required statement for the UK Probate Registry explaining the absence of the original Will
• Anticipate and respond promptly to any queries from the Probate Registry to minimise delays
• Keep you informed at every stage, so you know exactly where things stand

Why experience matters in cross-border estates

Each country has its own legal procedures, and without guidance, it is easy to miss a requirement that could hold up your probate application. As cross-border estate solicitors, we understand both the UK’s rules and the practical realities of working with foreign legal systems.

If you are dealing with a foreign Will or overseas documents and need to apply for UK probate, our team can make the process smoother and less stressful.

Contact IMD Solicitors LLP today to speak to our cross-border probate specialists and find out how we can help you move forward.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit International probate section of our website.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.