Dealing with probate is difficult enough. Add another country into the mix, and it can quickly feel overwhelming. This is a situation many families now find themselves in: a loved one passes away abroad or lives overseas but still owns property, savings, or investments in the UK. This blog looks at what happens when someone dies overseas but has UK assets.
Why Isn’t UK Probate Enough?
The answer lies in something called resealing probate. If someone dies while owning assets in more than one country, probate doesn’t automatically carry across borders. Even if a will is valid overseas and probate has already been granted, UK banks and institutions usually won’t release UK-based assets without a UK court order. In these situations, UK probate law still applies to UK assets.
Why a Foreign Grant Isn’t Automatically Accepted in the UK
Every country has its own legal system, and the UK can’t act on a foreign court document unless it’s formally recognised here. Rather than forcing executors to apply for probate all over again, the UK allows specific overseas grants to be resealed. Once resealed, the executor can deal with UK assets just as if probate had originally been granted in England and Wales.
What Does Resealing Probate Mean?
Resealing probate means applying to a UK Probate Registry to have an existing foreign Grant of Probate officially recognised.
If successful:
- UK institutions will accept the resealed grant.
- The executor gains legal authority to administer UK assets.
- There is no need to start a brand-new UK probate application.
It’s often faster and more straightforward than people expect, especially when handled correctly.
Which Countries Can Be Resealed?
Resealing is usually available for grants issued in certain Commonwealth countries, such as:
Australia
Canada
New Zealand
South Africa
Other countries may require a different approach, depending on local law and the nature of the assets involved. Each case is slightly different, which is why early advice matters.
What Documents Are Usually Needed?
Although every estate is unique, most resealing applications require:
- The original foreign Grant of Probate (or a court-certified copy)
- A copy of the will
- An official English translation if documents are in another language.
- UK inheritance tax paperwork (even if no tax is due)
Mistakes or missing paperwork can cause delays, which is why many executors choose professional support.
How Long Does Resealing Take?
Timescales vary, but resealing generally takes weeks rather than months, assuming everything is in order. Delays usually occur when documents are incomplete or tax reporting is incorrect.
If you’re dealing with probate abroad and UK assets are involved, it’s always worth getting clarity early.
