Generally, a Grant of Probate must be obtained to handle an estate containing assets in England and Wales (such as a bank account, stocks, real estate, etc.). A Grant of Probate, or similar document, may already have been obtained in the nation where the deceased person resided if they did not dwell continuously in the UK. Foreign grants of probate are not recognised in the UK, although they can be “resealed” here if acquired in a different Commonwealth nation.
This blog covers five steps to resealing a grant of probate in the UK.
How to reseal a probate grant in the United Kingdom
It is faster to reseal a foreign grant of probate in England than to apply for a new English grant. When dealing with UK assets and the deceased person is not from a Commonwealth nation, probate cannot be resealed. The UK’s executor, administrator, or equivalent is granted legal permission to handle the UK assets by resealing the foreign probate.
Resealing is the English probate registry’s way of actually “sealing again” the foreign award. The English probate registry puts its seal on the foreign grant once the reseal application has been submitted and approved. The foreign grant was first sealed with the seal of the foreign probate register. The assets on the overseas grant can be released to the executor’s name thanks to this seal, which enables recognition of the grant by UK banks, share registrars, land registries, etc.
Five steps to reseal an overseas probate grant in England
Step One
The individual listed on the foreign grant is required to sign a letter of authority indicating their consent for the UK attorney to seek the reseal.
Step Two
Even if no UK Inheritance Tax (“IHT”) is to be paid, the papers for notifying the UK tax authority (HMRC) of the value of the assets held in the UK must be prepared.
Step Three
Submitting the IHT forms to HMRC and paying any owed IHT (which is typically deducted from any cash assets possessed in the UK).
Step Four
Send the English Probate Registry the reseal application. Required paperwork for a reseal application in the UK:
- The original (or original court sealed) overseas grant, the signed letter of authorisation, and the pertinent IHT form.
- The original will, if any, or a copy sealed by the court.
- A suitable translation of the will (clearly only necessary in the event that the document is not already in English).
Step Five
After the overseas grant has been resealed, it can be forwarded, along with instructions from the identified individual on the resealed grant, to the bank, share registrar, or land registration that is in possession of the deceased person’s assets.
Contact UK Probate Reseals on 0208 1502010.
