Inheriting property across borders is a bit like a jigsaw puzzle; all the pieces are there, but they don’t always fit together at first glance. If you’ve found yourself inheriting a villa in Spain, a flat in Hong Kong, or a family home in Australia, the first thing you’ll likely encounter is the ‘Probate Gap.’ Even if you have a valid Will and a Grant of Probate from the country where the person lived, UK institutions (and those in other countries) won’t automatically recognise it. To bridge that gap and start managing the property, you’ll need a specific set of documents. This blog offers a breakdown of what you’ll likely need to gather to get the process moving.
To better understand how this process works, read our guide on probate resealing.
The Original Grant of Probate (or Letters of Administration)
This is the master key. It’s the court-issued legal document from the country where the deceased was living. If you are applying for a Probate Reseal in the UK, you will need the original document or a court-certified copy. A standard photocopy won’t do, as the UK Probate Registry requires a version bearing the official seal of the issuing court. You can also find official guidance on resealing a foreign grant in the UK Via IWC Probate Services.
Court-Certified Copy of the Will
Even if the Will has already been “proved” in another country, the UK authorities will still need to see it. Usually, the original Will is kept by the court that first granted probate, so you’ll need to request a “sealed and certified” copy from them.
Official Translations
If the Will or the Grant of Probate is in any language other than English, you’ll need a formal translation. This can’t be a DIY job; it must be completed and signed by a certified translator to be accepted by the courts and the Land Registry.
UK Inheritance Tax (IHT) Paperwork
This is the part that catches many people off guard. Even if the property is abroad and the deceased lived abroad, you may still need to file an Inheritance Tax return in the UK if you are applying for a Reseal or if the deceased had other UK-based assets. The Revenue (HMRC) needs to see these figures before the Probate Registry can seal your foreign documents.
Death Certificate
You will need an original or a certified copy of the death certificate. As with the Grant of Probate, if this is issued in a non-English-speaking country, an official translation will be required.
Identification and Authority
If you are instructing a firm to handle the reseal or the property transfer for you, you’ll need to provide:
Proof of Identity: Standard AML (Anti-Money Laundering) checks, like your passport and utility bills.
Letter of Authority: A document signed by the executors named in the foreign grant, permitting a UK representative to act on their behalf.
Why does this matter?
Without these documents, you cannot legally sell, transfer, or even sometimes maintain the property you’ve inherited. If the property is in a Commonwealth country (such as South Africa, New Zealand, or Canada), the Resealing process is often much faster than starting a fresh probate application, provided you have the necessary paperwork. Navigating cross-border estates is rarely a solo mission. If you’re feeling overwhelmed by the paperwork, specialised help can help you smoothly bridge the gap between jurisdictions.
For further information on inheritance tax rules, visit the UK government website. Or Contact UK Probate Reseals on 020 8150 2010 for support.
