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What is an Affidavit of Foreign Law In Probate ?

As a firm of Solicitors specialising in International Probate law, we regularly help families and foreign lawyers with probate when the Deceased although dying abroad, may have left assets in the UK.

To release the assets something called a Grant of Representation is required. If the Deceased died in a Commonwealth Country obtaining probate in the UK can be much easier as something called Resealing probate can be undertaken. This enables a foreign Grant of probate to be known as Resealed by the probate Registry, thus enabling the grant to be used in the UK.

Unfortunately, resealing probate is not appropriate in every case though, for example it is not possible when the foreign grant is not in English while the Country were the Deceased was domiciled must be recognised by the UK under the Colonial probate Act. Countries such as Spain, France, and the United states are not recognised meaning that an entirely new application for probate will be required.

When making such an application a legal document known as an Affidavit of foreign law will be required. This is a sworn statement from a lawyer clarifying the law according to the Domicile of the Deceased, what legal process has been followed, and who is entitled to apply for probate in the UK. If you are a Foreign lawyer, or Administrator abroad requiring probate help in the UK, we can help. Please contact Tim Murden at tim.murden@tmsolicitors.co.uk or by calling 00 44 1482 42 99 85.

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