When the documents that give someone the legal right to administer the estate of a deceased person (known as Grant of Probate or Letters or Administration in this country) are issued in a foreign country they will not give the person (s) they are granted to the rights to administer UK based assets unless, they are Resealed by the UK Probate Registry. The process is known as resealing a Grant of Probate.
Resealing simply means that the foreign grant is re-issued so that it becomes effective to administer an estate in England and Wales. The process of Resealing a Grant of Probate avoids the expense and inconvenience of taking out a UK Grant.
Can any Foreign Grant of Probate be Resealed?
No. Only countries where the Colonial Probates Act applies. The Colonial Probates Act Application Order 1965 outlines the countries to which resealing applies. There are 70 jurisdictions altogether most of which are past and present commonwealth countries. Even though many of the countries are now independent the Act still applies as there are reciprocal arrangements in place so Grants issued in England and Wales, can be resealed in other countries. Countries include Australia, New Zealand, Hong Kong, Singapore, Kenya and South Africa. The full list can be found in Schedule 1 of The Colonial Probates Act Application Order 1965
What’s the process to reseal a foreign Grant of Probate
Resealing a Grant of Probate can be a time-consuming process but is necessary if the estate contains UK assets. The procedure for resealing grants is governed by rule 39 of the Non-Contentious Probate Rules 1987 which is a comprehensive and sometimes complex set of rules. It’s highly recommended to seek professional advice from legal professional who can demonstrate experience and knowledge of the process.
How Bretherton Law can help
Bretherton Law’s Jacqueline Hockin, who is a full member and registered STEP Trust and Estate Practitioner, has years of experience in managing all aspects of probate and estate administration and has acted on behalf of numerous clients who require Grant of Probate Resealing Services.
Her experience includes resealing grants issued in a wide range of countries, including many from Australia and New Zealand. She has particular expertise in resolving complicated estates. A recent example involved uncooperative executors in Belize, where the application to reseal was successfully made on behalf of one of the beneficiaries.
If you need assistance with a Grant of Probate Reseal please get in touch by calling +44 (0) 01727 869 293 (Lines are open Monday – Friday 9am – 5pm) or by using the contact form on this page.
