What is a resealed Grant of Probate?
A resealed Grant is a Grant of Probate obtained from a Court in a foreign jurisdiction that is reissued in England and Wales so that it can be validated and recognised by the Probate Registry in England & Wales.
This makes the process easier and cheaper than having to apply for a new Grant of Probate in England & Wales but can only be done with foreign Grants from selected jurisdictions (please see below a full list of qualifying jurisdictions).
When would you need a resealed Grant?
A common scenario arises when a person residing in a foreign country to England or Wales passes away. The personal representative(s) of the deceased’s estate will naturally obtain a Grant of Probate in the deceased’s country of domicile, where most of their assets were located at the time of death. However, if the deceased also held assets, such as bank accounts or investments, in England or Wales, an English Grant or a resealed Grant becomes necessary, in order for the personal representatives to access / release the same from those financial institutions.
Provided the deceased’s country of domicile is one of the jurisdictions included in Section 1 of The Colonial Probates Act Application Order 1965 (see below for the list) the personal representatives can apply to have the Grant that they obtained in the deceased’s country of domicile resealed (re-issued) in England and Wales. This means having it validated and recognised by the Probate Registry here. This means that the England & Wales assets can then be administered. This is necessary because banks, pension companies and other asset holders in England & Wales will not accept foreign Grants.
Which foreign Grants can be resealed?
If your foreign Grant is from one of the following countries, your Grant can be resealed in England & Wales.
Aden, Alberta, Antigua, Australian Capital Territory, Bahamas, Barbados, Basutoland, Bechuanaland Protectorate, Bermuda, British Antarctic Territory, British Columbia, British Guiana, British Honduras, British Solomon Islands Protectorate, British Sovereign Base Areas in Cyprus, Brunei, Cayman Islands, Ceylon, Christma Island (Australian), Cocos (Keeling) Islands, Cyprus (Republic), Dominica, Falkland Islands Colony, Falkland Islands Dependencies, Fiji, Gambia, Ghana, Gibraltar, Gilbert and Ellice Islands, Grenada, Hong Kong, Jamaica, Kenya, Manitoba, Malawi, Malaysia, Montserrat, New Brunswick, New Guinea (Trust Territory), New South Wales, New Zealand, Newfoundland, Nigeria, Norfolk Island, Northern Territory of Australia, North-West Territories of Canada, Nova Scotia, Ontario, Papua, Prince Edward Island, Queensland, St. Christopher, Nevis and Anguilla, St. Helena, St. Lucia, St. Vincent, Saskatchewan, Seychelles, Sierra Leone, South Australia, Southern Rhodesia, Swaziland Protectorate, Tanzania, Tasmania, Trinidad and Tobago, Turks and Caicos Islands, Uganda, Victoria, Virgin Islands, Western Australia and Zambia.
What happens if my foreign Grant cannot be resealed?
If the jurisdiction that you obtained the Grant from is not included in the above list, the only option is to apply for a new Grant of Probate in England & Wales.
Do I need a resealed Grant?
Firstly, you must check if resealing is necessary. You need to ask yourselves the following questions:
- Was the deceased domiciled in a different country ?
- Did the deceased have assets in England & Wales ?
- Was the deceased’s country of domicile listed in section 1 of The Colonial Probates Act Application Order 1965 ?
- Are you eligible to apply for the reseal of the Grant on the deceased’s behalf, ie) are you the Executor of Personal Representative of the estate ?
If your answer to all 4 questions is yes then you need to apply for a Foreign Grant to be “resealed” by the Distict Probate Registry in England & Wales.
How do I obtain a resealed Grant?
Before applying to reseal a foreign Grant of Probate in England and Wales, it is essential to address any inheritance tax obligations. If inheritance tax is due, it must be paid first. Even if no inheritance tax is payable, it may still be necessary to file an IHT400 form with HM Revenue and Customs.
The application process requires completing the appropriate paper form. Use form PA1P if there is a valid Will, or form PA1A if the deceased died intestate (without a Will).
In the application, the section addressing the deceased’s foreign domicile must include a detailed list of their assets located in England and Wales.
Additionally, court-sealed copies of the foreign Grant of Probate, including the Will (if applicable), must be submitted. Any required official translations of these documents should also be provided when filing the application with the Probate Registry.
This process ensures compliance with legal requirements and facilitates the management of the deceased’s estate within England and Wales. The process is detailed at rule 39 of the Non-Contentious Probate Rules 1987.
Once the inheritance tax return and the Probate application has been submitted it can take approximately 4-5 months for the resealed Grant to be issued by the Probate Registry.
Once you have the resealed Grant the personal representatives will be able to access any assets such as bank accounts, property or investments, held in England & Wales.
What documents will I need to apply to reseal the Grant?
You will need the following:
- The Grant from the deceased’s country of domicile;
- The deceased’s death certificate;
- The deceased’s certified Will used to prove the original Grant of Probate;
- A letter of authority from the jurisdiction where the foreign Grant was issued (if applicable);
- Any inheritance tax returns.
Who can apply?
- The person listed under the foreign Grant;
- The beneficiaries of the Will;
- The executor of the Will;
- If there’s no Will then the person who is/are beneficially entitled to deal with the estate as per the intestacy rules.
Challenges with obtaining a resealed Grant
- If the deceased’s domicile is not listed above then the Grant cannot be resealed in England and Wales.
- There is time and expenses associated with translating documents as the Probate Registry only accept official translations.
- If the estate is large then inheritance tax may complicate the process.
- The assets will have to be valued which is further time and expense.
Conclusion
Resealing a foreign Grant of Probate can be an advantageous option for personal representatives eligible to apply. If the deceased was domiciled in a foreign country but held assets in England and Wales, this approach is often simpler and more efficient than applying for a completely new Grant in England and Wales.
However, the process can be complex, involving detailed paperwork, compliance with inheritance tax regulations, and navigating the requirements of the Probate Registry. Our experienced Probate solicitors at Laker Legal are here to make this process straightforward for you.
We specialise in assisting clients across England and Wales with probate matters, including resealing foreign Grants of Probate. By seeking our expert advice, personal representatives can avoid unnecessary delays and potential legal complications.
If you need help with resealing a foreign Grant of Probate, contact Laker Legal Solicitors today. Our probate experts will provide clear, tailored guidance and handle the application process for you efficiently and professionally. Please contact us today for a free initial discussion.
