Resealing a Foreign Grant of Probate

At Myerson, we deal with many situations where someone has died overseas, and the Deceased owned assets worldwide, including in England and Wales.

A Grant of Probate or Grant of Letters of Administration is a legal document issued by the Courts in England and Wales.

A Grant confirms who is entitled to administer the Estate and allows them to transfer or sell assets in the Estate.

However, a Grant issued in England and Wales will usually only cover assets held in England and Wales.

If the Deceased died outside England and Wales, then the procedure to obtain a Grant can vary significantly, and where to obtain a Grant in the first instance can depend on several factors.

Such factors include:

• Where the Deceased was classed to live permanently at the date of death.
• Whether the Deceased had a Will.
• Whether any foreign Will is admissible to obtain a Grant of Probate in England and Wales.

If it is possible to reseal the foreign Grant, then the procedure essentially involves making an application to the Probate Registry in England and Wales, asking them to recognise the foreign Grant and confirm its contents by issuing a sealed version of the Grant that can be used in England and Wales. 

A resealed Grant can be issued to:

• The person entrusted with the administration of the Estate by the Court in the jurisdiction where the Deceased died domiciled.
• The person beneficially entitled to the Deceased’s Estate by the law of the Deceased’s place of domicile.
• The Executor(s) named in the Will.

​​If it isn’t possible to reseal a Grant because the jurisdiction or country is not included in the list set out in the law, then a full application for Grant is required.

This can be a complex process because the inheritance tax and succession laws in foreign jurisdictions will need to be considered in the context of the inheritance tax and succession laws in England and Wales.

In addition to the documents referred to above, the Probate Registry in England and Wales will require an Affidavit of Foreign Law and a full understanding of the inheritance tax and succession laws in the relevant foreign jurisdiction.