Dealing with the estate of someone who has passed away can be complex, especially when assets are located in multiple countries. If the deceased owned property or investments in England or Wales but their estate was administered abroad, you may need to reseal a foreign grant of probate in the UK. This process allows a grant issued in another jurisdiction to be recognised in the UK, avoiding the need to start probate from scratch.
What Is Resealing?
Resealing is a legal procedure under the Colonial Probates Act 1892 and the Colonial Probates (Resealing) Act 1927. It enables certain foreign grants of probate or letters of administration to be validated for use in England and Wales. Once resealed, the foreign grant has the same effect as if it were issued by a UK court, allowing executors to deal with UK assets.
When Is Resealing Required?
Resealing is typically needed when:
- The deceased was domiciled in a country whose grant can be resealed in the UK.
- The estate includes assets in England or Wales, such as bank accounts, shares, or property.
- A foreign grant of probate or letters of administration has already been obtained.
If the foreign grant cannot be resealed, a full UK probate application may be necessary.
Which Countries’ Grants Can Be Resealed?
Not all foreign grants qualify. The UK only allows resealing for grants issued in jurisdictions that are part of the Commonwealth or have historical ties under the Colonial Probates Acts.
Grants from non-Commonwealth countries, such as the USA or most European nations, cannot be resealed. In those cases, a UK grant must be obtained.
How Does the Process Work?
To reseal a foreign grant, the executor must apply to the Probate Registry in England and Wales. The application usually requires:
- The original foreign grant or a court-certified copy.
- An official copy of the deceased’s will (if applicable).
- A completed HMCTS application form.
- Payment of the UK Court fee.
Once approved, the resealed grant gives the executor authority to manage UK assets.
In some cases, it may be necessary to file a UK IHT return and, if necessary, make payment of any UK inheritance tax due.
Conclusion
If you are administering an estate with UK assets and a foreign grant of probate, resealing may be the most efficient solution. At Greene & Greene, we can assist in international probate, resealing foreign grants, and cross-border estate administration. Our experienced team can guide you through the process, ensuring compliance and peace of mind.
Contact us today for expert advice on resealing a foreign grant of probate in the UK. Call us on 01284 762211 to speak with one of our probate specialists.
This is only intended to be a summary and not specific legal advice.
