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As a solicitor at IMD Slicitors LLP specialising in cross-border probate, Rezwana Dithy frequently advises clients on the process of resealing a foreign Grant of Probate in England and Wales (UK). Many clients are uncertain when a reseal is required, which countries are eligible, and how the process works. Below, Rezwana Dithy has answered some of the most common questions.

What is a Grant of Probate in the UK?

A Grant of Probate is a legal document issued by the Probate Registry in England and Wales. It confirms the authority of the Executors named in a Will to administer the estate of the deceased. Where there is no will, the Probate Registry issues Letters of Administration to appoint Administrators. Both documents give the Personal Representatives the legal power to collect assets, settle liabilities, and distribute the estate to beneficiaries.

What is a Reseal of a Grant of Probate?

A reseal of a Grant of Probate is a procedure which enables a foreign Grant of Probate, or an equivalent document, to be formally recognised in England and Wales. Once resealed by the Probate Registry, the foreign Grant has the same legal effect as if it had been issued in this jurisdiction. This allows the appointed Executors to deal with assets located in the UK without making a fresh application for a UK Grant.

When is a Reseal of a Grant Required?

A reseal is required when a deceased person owned assets in the UK, but their estate is being administered abroad under a foreign Grant of Probate. In such circumstances, financial institutions usually require the foreign Grant to be resealed before releasing the UK assets.

Which Foreign Grants Can Be Resealed in the UK?

Resealing is permitted by the Colonial Probates Act and generally applies to the old Commonwealth countries, including those that have since obtained independence. The Act extends to approximately 70 jurisdictions.

Examples include South Africa, Australia, New Zealand, Malaysia and Hong Kong. As long as the original Grant of Probate, or an equivalent document, is issued in one of the jurisdictions named in the Act, it should ordinarily be capable of being resealed in the UK.

How Do You Apply for a Reseal of a Grant of Probate?

An application for a reseal must be made to the Probate Registry. The documents required usually include the following: –

• Original foreign Grant or a sealed and certified copy
• A sealed and certified copy of the Will, where one exists
• Translations of the documents, if any of the documents are not in English
• An inheritance tax account where applicable and the appropriate court fee

Once the reseal has been issued, the Executors or Administrators are authorised to administer the assets in England and Wales.

How Long Does It Take to Reseal a Grant of Probate?

The time taken varies depending on the complexity of the estate and the inheritance tax position. In straightforward cases, the reseal may be issued within a few weeks, although it can take longer where additional enquiries arise.

Do UK Inheritance Tax Rules Apply?

Yes. Even where the main estate is being administered abroad, inheritance tax may still apply to assets situated in the UK. It is essential to address all tax requirements with HM Revenue and Customs before the reseal is issued.

How IMD Solicitors LLP Can Help

At IMD Solicitors LLP, we provide advice and assistance on cross-border probate and reseal applications. We can assess whether a reseal is available in your circumstances, prepare and submit the application to the Probate Registry, deal with HM Revenue and Customs requirements and assist with the administration of UK assets once the reseal is granted.

If you need advice on resealing a Grant of Probate in the UK or on any such cross-border probate issue, please do not hesitate to contact IMD Solicitors LLP.

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.