There are currently 56 countries in the Commonwealth, a voluntary association of independent countries that were once under British rule. Where an individual passes away in a Commonwealth country yet holds assets in the UK, there is a legal mechanism that can speed up the grant of probate.
Whilst many Commonwealth countries share similar legal systems, probate issued in one jurisdiction may not be recognised by institutions in the UK.
A UK bank, for example, will not release funds or title to a property to the executors of an estate of an individual domiciled outside of the UK without authority from the English courts. It can add significant delays to the already stretched probate process.
There is a simple solution available to individuals who are domiciled in Commonwealth countries – called ‘resealing foreign grant of probate’. ‘Resealing’ simply means that a foreign grant of probate is reissued so it can be administered by solicitors in England and Wales.
There are, as you would expect, certain criteria that must be met. Probate documents can only be resealed if issued to a beneficiary entitled to the estate, an executor named in the Will or an individual appointed to manage the administration by a local court.
Resealing of probate will need to be done by a qualified and experienced solicitor. They will need the original grant of probate together with a copy of this grant with the seal of the local court. A copy of the Will with the seal of the local court will also be needed.
Where an individual dies without a Will, a letter of authority or power of attorney will be needed.
It pays to instruct a solicitor with experience of resealing foreign grants of probate to guide you through this process. They can guide you through the process to ensure probate is granted as quickly as possible and highlight any potential tax implications that may arise.
A full list of commonwealth countries can be found here.
Contact our Private Client Solicitors
If you are in need of advice or assistance on any of the legal issues mentioned in this article, please contact Shelina Vaiya, Associate Solicitor or any member of our experienced Private Client team on 020 7631 4141 or email privateclient@bishopandsewell.co.uk
The above is accurate as at 14 October 2024. The information above may be subject to change.
The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
