Reseal or redo? Resealing a foreign Grant to help ease the administration of UK estate assets
An English Grant of Probate gives authority to the executor(s) named in the will (or to the administrator if there is no will) to deal with the UK assets held in the name of someone who has died.
However, if the deceased was not domiciled in the UK (broadly, they did not consider the UK as their home) then the application process has further complications and can involve needing to obtain an additional Order from the Probate Registry and evidence of foreign succession law from a qualified foreign lawyer. In this briefing, Carmen Acuyo explains how these additional layers can add unwelcome difficulties to the estate administration.
What is a resealed Grant, and where does it apply?
In certain circumstances a Grant that has already been obtained in a foreign jurisdiction can be resealed (i.e. reissued) in England without such additional steps. When dealing with the estate of a deceased domiciled outside the UK this makes the process more straightforward and is the simplest way of obtaining an English Grant.
The Colonial Probates Act 1892, The Colonial Probates (Protected States and Mandated Territories) Act 1927 and The Colonial Probate Act Application Order 1965 together set out the 70 jurisdictions that can typically avoid the time and expense of obtaining a separate Grant in England & Wales. These are generally the old commonwealth jurisdictions and include Australia, New Zealand, Hong Kong, Singapore, Kenya and South Africa. Equally, Grants issued in England & Wales can generally be resealed in these jurisdictions.
Domicile and the reseal process
The foreign Grant must have been issued in the deceased’s jurisdiction of domicile (or otherwise be issued to those entitled to a Grant by that jurisdiction). Also, as part of the process an inheritance account must be submitted to HMRC and inheritance tax paid to allow the reseal application to be made.
How can we help?
When prepared correctly, a reseal application can be an effective tool to reduce the cost and delay that can come with making a new application for an English Grant. We have in-depth experience of such applications to make sure all proceeds smoothly.
Carmen Acuyo is an associate in the private client team. She advises clients on all aspects of private client law including wills, estate planning and trusts, probate and estate administration, lasting powers of attorney and Court of Protection matters.
The full article has been published on pages 18–19 of the Lexunion Newsletter, Issue No. 36.
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