Resealing Probate in the UK
If you need help obtaining a reseal of a foreign grant of probate, we can help. We have a dedicated team that specialise in international probate and regularly help overseas, lawyers, administrators, banks and executors with Reseal probate applications in the UK.
Set out below are the most frequently asked questions about resealing probate :-
What does Resealing probate mean ?
If the Deceased died in a foreign Country recognised under the UK’s Colonial Probate’s Act, this means that an overseas probate can be used in the UK to release UK assets, in the same way it was used outside the UK.
Which Countries can probate be resealed from ?
The countries in which probate can be resealed from are current and former Commonwealth Countries. As such the most common Reseal Applications we undertake, arise from Australia, New Zealand, Canada, Hong Kong, Singapore, South Africa etc. However, there are over 90 counntries recognised as have recriprocal probate relationships under the Colonial Probates Act and a full list can be seen by clicking here.
When Can Probate Not be Resealed
As not every Country is recognised under the Colonial Probates Act this means that a different legal procedure has to be followed. For example probate cannot be resealed from the USA, Spain, France, Switzerland, Jersey, Germany or Holland.
The aplication to our Courts will often involve what is called an affidavit of foreign law setting out the legal basis as to the person applying for probate. This document sets out the legal basis of the applicants right to apply with supporting douments and will be signed by a lawyer from where the overseas probate was issued. The lawyer must state his qualifications and the law.
When is resealing typically used ?
We typically find that we are instructed to reseal probate for the release of cash assets held in a bank, shares, or for insurance policies or pensions.
What documents are typically required ?
- certified copy of the death certificate
- sealed and certified copy of the will and the probate- this must be sealed and Certified by the Court
- details of the UK assets to be collected
- two forms of identification from the Named Administrator/Executor ( driving license, passport, utility bill etc ) to be certified by a Notary Public
We also draft a letter of authority, which needs to be signed by the Executors/Administrators.
Who do I contact for help ?
We act for clients across the world, and if you are an executor or administrator that needs help releasing UK assets or have been told that resealing probate is required, please contact Tim Murden, at firstname.lastname@example.org or call 00 44 1482 429985.
For further information please see below :-
- Resealing Probate in the UK
- Reseal of Australian Probate in England
- Resealing South Africa Letters of Executorship in the UK
- Resealing Canadian probate in the UK
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