International Probate UK
If you are a Lawyer, Executor, Administrator or Beneficiary from outside the UK needing assistance to release UK assets we can help.
In the UK to release assets such as monies in a bank account or shares, the bank will require a legal document called a Grant of Representation ( more commonly known as a grant of probate ). Once issued this then enables the assets to be released.
If the Deceased has died outside the UK the procedure to obtain probate can vary significantly depending upon were the Deceased was permanently Domiciled ( living ) at the date of death.
If living in a Country recognised by the UK Colonial Act this will mean that the overseas probate can be Resealed in the UK. These countries will be former commonwealth ones such as Australia, New Zealand, South Africa, Canada, Hong Kong or Singapore. A full list of countries can be seen by clicking here.
Resealing probate : frequently asked questions ?
How documents would you need for a reseal application ?
We will require the following documents :-
- Original death certificate
- Court sealed and certified copy of the grant of probate issued by the Court
- Details of the assets to be collected
- signed authority from the executor or administrator
- Identification of the Executor
How long does it take ?
If there is no inheritance payable, then we are able to obtain a reseal from the court within 4-6 weeks.
Does an inheritance tax return have to be filed ?
Yes, an inheritance tax return must be filed in every case. The UK Inheritance tax threshold is £325,000.
Can I reseal a grant issued from Ireland, Guernsey, Isle of man or France ?
Obtaining a Grant of Probate in the UK
If probate or it’s equivalent has been obtained in a Country not recognised under our Colonial Act then you can still apply for probate in the UK however the procedure can be quite complex.
The reason for this is that the overseas inheritance procedures must be explained fully to our Probate Court so as to ensure probate is being issued to the correct person.
The UK Probate Courts will often require an affidavit of foreign law, together with a clear understanding of both the inheritance process involved in the Country of the Deceased. Court sealed papers showing who has been appointed to deal with the estate will also be required along with a translation in English if appropriate, and an affidavit of foreign law.
Overseas probate services
We can help with all aspects of UK probate advice including :-
- Obtaining probate in the UK enabling the release of assets
- Advice on the validity of a overseas will in the UK
- Inheritance tax advice – this can be very important as frequently differing tax rules apply outside the Uk
- Advice on Deceased’s Domicile
- Assisting Overseas lawyers in the drafting of an affidavit of foreign law
Countries we have expertise in
We frequently help foreign lawyers and clients from the following Countries:-
- New Zealand
- South Africa
- South Africa
- Hong Kong