What does resealing a Grant of Probate mean?

What is “resealing”?

If a deceased person is domiciled outside England and Wales but has assets here, then a Grant of Probate will be required to authorise the administration of the assets. England and Wales do not automatically recognise foreign Grants of Probate. However, if the Grant was obtained in another country or territory recognised under the Colonial Probates Act 1965, then it is possible for a foreign Grant of Probate to essentially be sealed again (reissued) for use in England and Wales by the Probate Registry.

If the country is not included in the Colonial Probates Act, then it is unlikely that the foreign Grant can be resealed. In these cases, a full application for Grant of Probate for use in England and Wales may be required.

A resealed grant can be issued to:

• The named Executor in the foreign Will;
• The person officially assigned with the estate administration by the Court where the deceased died domiciled, such as an Administrator; or
• The person beneficially entitled to the estate by the law of the place of domicile.

These individuals fall under the categories listed in Rule 30(1)(a), (1)(b) or (3)(a) of the Non-Contentious Probate Rules 1987.

Once received, this enables the appointed person(s) to legally collect and administer the UK assets of the deceased in England and Wales.

Applying to “reseal” a foreign Grant of Probate is much quicker than obtaining a separate UK Grant of Probate and the process is likely to take approximately 3-5 months to complete.

What is the process of resealing?

It is usual to instruct a lawyer here to obtain the resealed Grant.

The basic process is as follows:

• 1. A signed letter of authority is prepared, which should be signed by the person(s) named on the foreign Grant to confirm that they agree for the lawyer here to apply to reseal the foreign Grant.
• 2. A Power of Attorney should be signed by the Executor/Administrator in order to administer the asset after the Grant has been resealed.
• 3. The relevant UK Inheritance Tax (IHT) forms will need to be prepared and submitted to His Majesty’s Revenue & Customs (HMRC) disclosing the value of the UK assets.
• 4. Payment should be made for any IHT due.
• 5. The application to reseal the foreign Grant can be sent to the English Probate Registry along with the following:
  • The original death certificate;
  • The original court sealed foreign Grant;
  • The original court sealed copy of the Will (if one exists);
  • An appropriate translation of the Will (if the Will is not already in English); and
  • Payment of the application Court fees.

Currently, the Probate Registry application fee is £300 if the value of the estate exceeds £5,000. For estates valued at £5,000 or less, there is no application fee. In addition, Court sealed copies of the Grant of Probate cost £1.50 per document.

If you would like assistance with any of these matters, including writing your Will, understanding your Inheritance Tax, or applying for a Grant of Probate, our Succession & Tax team would be happy to help.