Probate resealing is a legal process that allows a Grant of Probate (or equivalent legal authority) issued in one jurisdiction to be formally recognised and validated for use in another jurisdiction, specifically in England and Wales. The core purpose is to avoid the expense and delay of applying for a new Grant of Probate in the UK when one has already obtained one elsewhere. Read on to find out more.
What Does Reseal Probate Mean?
The ability to reseal a foreign Grant in the UK is governed by the Colonial Probates Act 1892 and subsequent amendments. Resealing is only available if the original Grant of Probate was issued in a country or territory that is currently listed under the Act. These are typically Commonwealth countries (e.g., Australia, New Zealand, Hong Kong, Singapore, and parts of Canada and Africa).
If a person dies domiciled (permanently resident) outside of the UK but owns assets within England or Wales (like a UK bank account, shares, or property), UK institutions (banks, Land Registry, etc.) will not automatically recognise the foreign Grant. The UK Probate Registry affixes its official seal to the foreign Grant, thereby validating it as if the English court had originally issued it. This resealed document then grants the named Executor the legal authority to deal with the UK assets.
The process is governed by the Colonial Probates Act 1892, which sets out which countries’ Grants can be resealed in the UK.
The Resealing Process
A UK legal professional, such as a solicitor, typically handles the process on behalf of the overseas Executor. The resealing process involves the following steps:
- UK Inheritance Tax Assessment – Before the reseal application can be submitted, the value of the UK assets must be reported to HMRC, and any due Inheritance Tax must be paid.
- Appointment of UK Legal Professional – Since the Executor lives abroad, a UK-based legal professional must be appointed to make the application and handle the UK assets after the reseal. A signed Letter of Authority and/or a formal Power of Attorney from the overseas Executor is required.
- Gather Documents – Gather all required original or court-certified documents. This includes the original Foreign Grant (or a court-sealed and certified copy), Original Will (or court-sealed copy), and official English translations if required.
- Probate Registry Submission – The application, along with all supporting IHT forms and the required fee, is submitted to the UK Probate Registry.
- Resealing – Once approved, the UK Probate Registry physically applies its seal to the foreign Grant. This now legally authorised document is used to gather the UK assets. The Resealed Grant is then presented to the relevant UK asset holders.
For professional assistance with the resealing process, visit our Probate Resealing Services page to see how we can help executors manage UK assets efficiently, or, for official HMRC guidance on this requirement, see Report inheritance tax on assets held in the UK.
