In general terms, this applies to the situation where a person has died while living in a foreign country, but some part of their estate is within England or Wales. A Grant of Probate may have been granted by the foreign country but that doesn’t mean you can collect the English assets using that same Grant.
Under certain circumstances, there is an option for the English court to ‘reseal’ a Grant of Probate obtained in the foreign country where the deceased was domiciled. This avoids the need for the executors to apply for a fresh grant to release any assets such as funds, shares, or property held in England & Wales.
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No doubt you will have seen reports in the media such as these relating to the cause of a daughter’s challenge to her late mother’s will. Some commentators are suggesting that the case in some senses limits the ability of people to deal with their estates under their wills. http://www.theguardian.com/uk-news/2015/jul/28/daughter-wins-164000-decade-long-legal-battle-mother-will-charities http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-33684937 However, as Andrew Murray… Read more »
The autumn edition of Private Life magazine published by Arbuthnot Latham Private Bankers includes an article written by Gina Fairfax discussing the pitfalls and process needed to pass a Will successfully through probate. Click here, for more details. In the event that you require any further information on any of the topics raised in this… Read more »
For more information the following lawyers will be able to help with Resealing Grants of Probate.