Resealing a foreign grant of probate can be necessary when someone dies with assets in England and Wales, but probate has already been dealt with in another country. It allows an eligible overseas grant to be recognised here, so the personal representatives can deal with the relevant UK assets. If you need to understand the process in more detail, our probate resealing service explains how an overseas grant can be used to deal with assets in England and Wales. The GOV.UK guidance on foreign grants explains when an overseas grant can be resealed for use in England and Wales.
It isn’t always a quick process, though. Missing information or a problem with the original grant can bring an application to a stall and slow the process.
Common Reasons for Delays
- Missing or incorrectly prepared supporting documents
- Problems obtaining a certified copy of the foreign grant
- A missing or incorrectly certified copy of the will
- Inheritance Tax information still being dealt with
- Differences between names or other details on the documents
- Questions over who is entitled to make the application
- The overseas grant being limited or temporary
The Probate Registry may need further information before it can proceed, and waiting for documents from another country can add another layer of delay. The rules require the foreign grant and, where relevant, an appropriately certified copy of the will to be provided for resealing. The GOV.UK guidance for probate practitioners confirms that resealing applications under the Colonial Probates Acts are among the applications that must be made by paper.
Is Every Foreign Grant Eligible?
Another potential problem is discovering that the grant cannot actually be resealed. Resealing is only available for grants from certain countries and territories covered by the relevant legislation. If a grant isn’t eligible, it may be necessary to apply for a new grant in England and Wales instead. That is why it is worth checking eligibility before starting the process rather than assuming any overseas grant can simply be stamped and used in the UK. You can also find further information about foreign probate and overseas estates and the options available when dealing with UK assets.
Getting the paperwork right from the outset can make a real difference. Probate applications generally take longer when additional information has to be added or checked, etc.
Read more information on probate, inheriting and grants. Explore our latest guides for practical advice on wills, probate applications, intestacy and managing estates.
