When someone dies with assets in different countries, sorting out their estate gets tricky fast. Resealing probate is simply the process of taking a court grant issued in one country and getting a second country to recognise it. But courts are strict about who they let handle this. Our Probate Resealing service helps executors obtain legal recognition of overseas grants so they can administer foreign assets efficiently.
The Original Executor Or Administrator
If you are the person named on the original grant of probate, you are first in line. The court in the primary country has already vetted you, which gives you the standing to ask a court in a second country to reseal those original papers. The official Apply for probate guidance explains the probate process for executors in England and Wales.
When a grant lists two or three executors, you can usually all apply together. Alternatively, one executor can apply on behalf of the group, provided the others give formal written permission.
Appointed Attorney
Dealing with foreign court systems from hundreds of miles away is a massive headache. Because of this, original executors rarely submit resealing paperwork themselves. Instead, they usually sign a power of attorney appointing a representative, often a local probate lawyer in the country where the assets are located. That lawyer then applies for the reseal on your behalf, deals with the tax authority, collects the assets, and transfers the funds back to you. Our Cross-Border Probate specialists can manage overseas estate administration and liaise with foreign authorities on your behalf.
Potential Issues
If the original executor passes away, loses mental capacity, or simply refuses to deal with the foreign assets, a beneficiary under the will can step in. However, you cannot just submit the reseal application directly. You have to ask the court to formally appoint you as an administrator first, which adds an extra step to the process.
Also, keep in mind that resealing only works between countries with mutual legal agreements, usually Commonwealth nations. If the original grant came from elsewhere, you will need to apply for a new grant instead. The HM Courts & Tribunals provides information on probate services and court procedures.
Explore more expert guides on probate resealing, overseas estates, cross-border inheritance, wills and international probate administration.
