Where a person has died domiciled or permanently resident outside of England and Wales, the foreign grant of probate (or its local equivalent) does not automatically enable the personal representatives to deal with assets located in this jurisdiction. Depending on where the deceased died, it may be possible to reseal the foreign grant which provides the legal authority to collect in the English and Welsh assets without having to apply for a fresh grant of probate in the UK.
NSS Legal advises overseas executors, their advisors and international families on the resealing of foreign grants and the administration of UK assets in multi-jurisdictional estates. We work regularly with trust companies, private banks, accountants and family offices in the Commonwealth, and with foreign counsel in the wider international probate process.
What does it mean to reseal a grant of probate?
A grant of representation is the official authorisation for the personal representatives to manage the deceased's estate and administer it according to the terms of the Will (or the applicable intestacy or succession laws). In the United Kingdom, asset holders such as banks, investment managers, pension providers and insurance companies will usually only accept a UK grant as authority to release funds.
Grants of probate are "sealed" in the country in which they are issued. Resealing is the process by which the Probate Registry in England and Wales applies a new seal to a foreign grant, turning it into a document that will be accepted by UK asset holders. It is a simplified process compared to a fresh grant application: the personal representatives are not required to submit a full inheritance tax account in relation to the probate application itself and can instead rely on the existing probate document issued in the foreign jurisdiction.
Who can apply to reseal a foreign grant of probate?
Whether a reseal is available depends on the jurisdiction in which the original grant was issued.
The Colonial Probates Act
Resealing is permitted under the Colonial Probates Act 1892 (as extended by subsequent Colonial Probates Act Application Orders) and generally applies to grants issued in Commonwealth and former Commonwealth jurisdictions. Approximately 70 jurisdictions are currently listed, including:
- Australia
- New Zealand
- Canada
- South Africa
- Hong Kong
- Singapore
- Kenya
- Gibraltar
- British Virgin Islands
- Bermuda
- Cayman Islands
Countries and territories not covered
If the original grant was not issued in a jurisdiction listed under the Colonial Probates Act, resealing is unlikely to be available. Where this is the case, the personal representatives will usually need to apply for a fresh grant of representation in England and Wales in order to administer UK-situated assets. This is typically the position for grants issued in, for example, the United States, most European Union member states, and other non-Commonwealth jurisdictions.
Scottish confirmations and Northern Irish grants issued where the deceased was domiciled in Scotland or Northern Ireland do not need to be resealed; under the Administration of Estates Act 1971 these have equivalent standing to an English and Welsh grant.
Who may apply
The application will usually be made by the person or persons named in the original foreign grant. This is typically:
- the executor or executors appointed under the Will;
- a legal professional who has been formally appointed to administer the estate in the jurisdiction in which the deceased was resident; or
- a beneficiary entitled under the estate in that jurisdiction.
Up to four personal representatives may be named on the resealed grant.
How to reseal a foreign grant of probate
The English and Welsh seal is applied to one of the following:
- the original foreign grant (or local equivalent);
- a court-sealed and certified copy; or
- an exemplification of the probate document.
A court-sealed and certified copy of the Will (and any codicil) will also be required, if a Will exists. The issuing jurisdiction will almost invariably retain the original Will.
In addition to the probate documents themselves, the application requires the relevant UK inheritance tax form, a letter of authority signed by the personal representatives authorising the solicitor to act on their behalf, and payment of the Probate Registry's application fee. Where any of the original documents are not in English, formal certified translations will be needed.
Documents required
The application typically requires the following documents. Copies must generally be originals or be properly sealed and certified, and certified translations are required for any document not originally in English:
- the foreign grant of probate (or equivalent);
- the deceased's death certificate;
- the Will and any codicil;
- a letter of authority from the personal representatives;
- the completed inheritance tax return appropriate to the estate;
- the Probate Registry application fee.
Inheritance tax returns must be filed with HMRC before the application can be made, even where no tax is payable. The appropriate form depends on the value and nature of the UK-situated assets.
Fees and costs
Probate Registry application fee
Where the value of the estate exceeds £5,000, the Probate Registry application fee is £300. For estates valued at £5,000 or less, no application fee is payable. Official court-sealed copies of the resealed grant are charged at £16 per copy.
We will always provide a tailored estimate of our professional fees at the outset of an instruction based on the specific circumstances of the matter.
How long does it take to reseal a foreign grant of probate?
Grants are typically issued by the Probate Registry within approximately 16 weeks of the application being lodged. The overall timescale from first instruction to distribution of UK assets depends on a number of factors: the complexity of the UK asset position, whether inheritance tax is payable, whether the foreign documents are in order, how quickly certified copies and translations can be obtained from the foreign jurisdiction, and the responsiveness of UK asset holders in releasing funds on production of the resealed grant.
For straightforward Commonwealth reseals where the foreign documents are available and no inheritance tax is payable, the total elapsed time is typically four to six months. Where IHT reporting is required or where documents must be obtained from overseas, timescales of six to twelve months are more usual. We can often accommodate faster timescales where circumstances require it.
How NSS Legal can help
As specialists in international private client work, we can assist personal representatives and their advisors with:
- reviewing the foreign grant and supporting documents and advising whether a reseal is available;
- liaising with executors, beneficiaries, trust companies and foreign counsel in the issuing jurisdiction;
- preparing the inheritance tax return and liaising with HMRC where required;
- preparing and submitting the application for the reseal to the Probate Registry;
- checking the resealed grant once issued;
- collecting in the UK-situated assets and settling any UK liabilities; and
- distributing the UK assets to the personal representatives for onward distribution under the foreign estate.
Where a reseal is not available — for example where the grant was issued in a jurisdiction not covered by the Colonial Probates Act — we also advise on and handle the alternative of applying for a fresh English grant of representation to administer UK assets.
Our international private client team
Our probate and estate administration work is led by Oli Sloam and Shamima Begum. The team has extensive experience of multi-jurisdictional estates and is regularly instructed by overseas executors, family offices and professional referrers on complex UK asset administration.
To discuss a reseal application, please contact Oli or Shamima directly on +44 208 2091222 or at [email protected] or use the enquiry form below.
Frequently asked questions
Can I reseal a US grant of probate in England and Wales?
No. The United States is not covered by the Colonial Probates Act Application Orders, so US grants of probate cannot be resealed for use in England and Wales. Where the deceased held UK assets, a fresh application for an English grant of representation will usually be required. We regularly advise US-based executors and their attorneys on this process.
What happens if the country isn't covered by the Colonial Probates Act?
Where the foreign grant is from a jurisdiction not listed under the Colonial Probates Act Application Orders, resealing is not available. The personal representatives will usually need to apply for a fresh English grant — grant of probate where there is a Will, or letters of administration where there is not. The underlying process is more involved than a reseal, but we handle fresh-grant applications for international estates regularly and can advise on the most efficient path.
Do I need to file a UK inheritance tax return if the deceased was non-UK domiciled?
An inheritance tax return must be filed with HMRC before the reseal application can be lodged, even where no inheritance tax is ultimately payable. The appropriate form depends on the value and nature of the deceased's UK-situated assets and their domicile position. We prepare and file the relevant return as part of the reseal instruction.
Can I apply to reseal a grant from overseas?
Yes. Personal representatives do not need to be resident in England and Wales in order to instruct an English solicitor to apply for a reseal. We are regularly instructed by executors based in Australia, New Zealand, Hong Kong, South Africa and the Caribbean, and can conduct the entire instruction remotely.
Related Reading
For jurisdiction-specific guidance, see our articles on:
- Resealing an Australian grant of probate in England and Wales.
- Resealing a Canadian grant of probate in England and Wales.
Contact us
To discuss the resealing of a foreign grant of probate, or the alternative of a fresh English grant for a jurisdiction not covered by the Colonial Probates Act, please contact our international private client team.