Are you an overseas Executor, Administrator or lawyer requiring help releasing assets in the UKÂ ? if so we can help.
Understanding the legal process in the UK can be complicated if the Deceased was domiciled and living outside the UK prior to their Death.
In the UK, after someone has died the legal process required to release assets is called Probate. It ends with our Probate Court ( known as the probate registry ) issuing what is known as a Grant of Representation. It is this document that a bank will require to release funds or a share registrar to sell or transfer shares.
The probate process very much depends upon the Country in which the deceased died. If the Deceased died in a Country recognised under the Colonial probates Act, this means that the overseas probate can be resealed in the UK. Countries recognised under the Colonial probates Act include, Australia, New Zealand, South Africa, and Canada.
If resealing probate is not possible, then the process is much more complicated as the probate Courts will require evidence of the overseas administrator or executor entitlement to apply for probate in the UK. This will often involve an Affidavit of Foreign law being signed by an Overseas lawyer, which in simple terms outlines the process that has been undertaken in the Deceased’s Country.
If you require help with the release of UK assets after someone has died and live abroad please contact Tim Murden, on tim.murden@tmsolicitors.co.uk or call on 00 44 1482 429985
