If someone has assets in England or Wales and they die, a Foreign Grant of Probate is usually required to deal with these assets. This includes bank accounts, savings, shares and property. If the deceased was not a permanent UK citizen, a Grant of Probate might already exist in their country of residence. Foreign Grants of Probate are not officially recognised in the UK, but if it was issued in a Commonwealth country, it could be ‘resealed’ in the UK. Resealing foreign Grants of Probate is faster than obtaining a new English one.
This article will look at what resealing means and how to get a Grant of Probate resealed in the UK.
What Does ‘Resealing’ Mean?
Resealing a foreign grant simply means sealing it again. The English probate registry reseals the foreign grant to allow the executor the authority to deal with the deceased’s UK assets. The foreign probate registry would have initially sealed the grant – resealing means the English probate registry adds its seal to the foreign one. The land registries, share registries and banks etc., recognise the seal and can go on to release the assets for the named executor.
Resealing a Foreign Grant of Probate – Steps
- Firstly, a letter of authority is created. This must be signed by the named person on the grant to agree to the application of the reseal by a UK lawyer. The executor should sign a power of attorney in order to administer the asset after the grant has been resealed.
- UK inheritance tax documents will be created to inform the HMRC of the asset value, even if no inheritance tax is due. These forms are then submitted to the HMRC, and any due inheritance tax is paid.
- The reseal application is then sent to the English Probate Registry.
- The documents needed for a reseal application in the UK are: Letter of authority (signed), inheritance tax form, original foreign grant, original will and translation of the will if it is not in English.
- After the grant has successfully been resealed, it can go on to the share registry, land registry or bank that holds the assets, along with clear instructions about where the assets go.
- Any legal, admin or court fees must be settled.
Contact UK Probate Reseals on 0208 1502010.
