It is not always the case that a grant of probate (or letters of administration) obtained outside the UK will be recognised in the UK following the death of a person with assets in England or Wales.
In such situations, the English Probate Registry can reseal a foreign grant if issued from a current or most former Commonwealth countries, thus granting the executor the legal power to deal with the asset in England or Wales.
The process of resealing a foreign grant can be time-consuming and requires the help of a legal expert. The following steps are involved:
- Preparation of a letter of authority or a Power of Attorney to be signed by the executor confirming that the lawyer has authority to apply for the grant.
- Preparation of an Inheritance Tax (IHT) account to submit to HMRC and arrangements made for any IHT to be paid accordingly from the deceased’s funds.
- Submitting of an application to reseal the foreign grant to the Probate Registry, along with the signed letter of authority, the original foreign grant (or Court sealed copy), copy Will and translation if required.
Under normal circumstances, the Probate Registry returns a re-sealed foreign grant of probate within 10 – 12 working days.
If the administration or collection of the English assets is required, we will liaise with the relevant organisation using the resealed grant and the Power of Attorney.
To find out more about how Buckles Solicitors can assist with the resealing of foreign grants of probate, please call us on 01733 888888.