Many people who have emigrated continue to retain assets which, in some cases can be substantial, within the UK. They may do so for a variety of reasons, however, this can often lead to difficulties following their death especially if they have only made a foreign Will (which also relates to their estate in England) as, there are special procedures for realising the assets which are held within this country.

What is a Grant of Probate?

A Grant of Probate is the official authorisation for the Executors to administer the estate of a deceased individual within the UK in accordance with the terms of the Will or, under the Intestacy Rules as appropriate.

What is “resealing”?

The Resealing of a foreign Grant of Probate is a process by which the Courts within the UK recognise the authority of the Executors granted by the foreign Will, to administer the assets held within this country.

Without undertaking this process, the Executors will not be able to gain access to the UK assets as the majority of financial institutions here are unlikely to recognise the authority of a foreign issued Grant. If available however, the resealing process is usually quicker than having to apply for probate afresh in this country.

When can you reseal?

It is, however, important to note that the resealing process is not available to all foreign Grants and, if this is the case, a completely separate application will need to be made to gain the authority to deal with an asset held within this jurisdiction.

In order for the English Courts to be able to “reseal” the Grant, it must originally have been issued by the Courts in a country which is covered by the Colonial Probate Acts 1892 and 1927.

The most common jurisdictions for which resealing applications are undertaken are Australia, Canada, Hong Kong, New Zealand, Singapore and South Africa.

It will also not be possible to “reseal” a Grant if any restrictions or limitations have been applied to it.

As the original Probate documents are required for the process, a formal translation will need to be obtained for any documents which are not in English.

Who can apply to reseal?

Applications of this type are usually made by one or more of the individuals named on the original foreign Grant.

How can Eaton Smith LLP help me?

As expert solicitors in Probate Law, we can advise you on which would be the most appropriate process to administer the UK assets. We may also be able to assist you with administering the estate within the UK.

For further advice regarding this process, please contact Lucy Cortis at lucycortis@eatonsmith.co.uk for further information.