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.