Resealing a Grant of Probate
When someone passes away overseas but leaves behind assets in England or Wales, navigating the legal landscape can feel daunting. One key process that often comes into play is resealing a grant of probate.
If a Grant of Representation has already been issued in a Commonwealth country, you can go through the process of resealing the grant with the UK Probate Registry to facilitate the release of UK assets.
At Scott Bailey, our expert Wills, Trusts, and Probate team is here to assist you with the resealing process. We provide comprehensive support, including drafting the necessary legal documents and submitting the application to the Probate Registry in England and Wales, ensuring a smooth and efficient process.
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What is resealing a grant of probate?
Resealing a grant of probate is a legal procedure that allows a foreign grant of representation, issued in the country where the deceased was domiciled at the time of death, to be formally recognised by the courts of England and Wales. This allows the personal representative named in the foreign grant to administer or distribute assets located in the UK without the need to apply for a completely separate English grant of probate.
This process is often required when someone dies overseas but leaves assets in the UK, such as a bank account, property, or investments. Even where probate has already been granted in another country, UK financial institutions and organisations will usually require authority recognised under English law before releasing or transferring those assets.
For example, consider a situation where an individual dies while domiciled in Australia but leaves behind a bank account in the UK. Although an Australian court may have issued a valid grant of probate, the UK bank may not be able to accept it directly. Instead, the personal representative can apply to the High Court in England and Wales to have the Australian grant resealed, allowing them to deal with the UK assets using that authority.
Not all foreign grants are eligible to be resealed. The process is available only for grants issued in certain recognised jurisdictions, which include countries such as Australia, New Zealand and Canada. Where resealing is not available, a separate application for a UK grant of probate may be required.
What is required for resealing a grant of probate?
To apply for a reseal, the UK Probate Registry will require the following documents to support the application:
- Original court-sealed and certified copy of the local grant of representation: This is the document issued by the court in the jurisdiction where the deceased was domiciled at the time of death.
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Inheritance tax account: As part of the reseal application, it is necessary to complete an inheritance tax return. This return may need to be submitted to HM Revenue & Customs, before you can proceed with the application for the reseal to the probate registry.
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Court fee: If the net estate exceeds £5,000, a fee of £300 is payable to the probate registry.
Expert legal advice on Resealing a Grant of Probate
At Scott Bailey, our specialist team is on hand to guide you through the legal process. Alexandra Bridle, Paralegal, has extensive experience in cross-border estate administration across a range of jurisdictions including Australia, South Africa and New Zealand, and regularly assists clients with applications to reseal grants of probate in England and Wales.
If you require assistance with a reseal or would like any further information, please do not hesitate to contact us today.
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