Using an overseas Grant of Probate in England and Wales

An overseas Grant of Probate cannot usually be used directly to administer assets in England and Wales, even where it has been correctly issued by a court in another country.

This is because the authority given to executors under an overseas Grant does not automatically extend to England and Wales. Banks, investment providers, the Land Registry and other organisations will generally require evidence that the person dealing with the estate has the appropriate legal authority in this jurisdiction.

If the overseas Grant was issued in a country covered by the relevant resealing legislation, it may be possible to have that Grant formally recognised by the courts in England and Wales. This is known as resealing.

Once the Grant has been resealed, it can be used to administer the estate's assets in England and Wales without needing to obtain an entirely new Grant.

If resealing is not available, a separate application for a Grant of Representation in England and Wales may be necessary.

The correct approach depends on where the original Grant was issued, the nature of the assets and the circumstances of the estate.

Not every overseas Grant of Probate is eligible for resealing. Whether the process is available depends on the jurisdiction in which the original Grant was issued and whether it falls within the relevant legislation.

Resealing is available for qualifying Grants issued in certain Commonwealth countries and other jurisdictions recognised under the Colonial Probates Acts 1892 and 1927.

However, it is important not to assume that a Grant can be resealed simply because it was issued in a Commonwealth country. Eligibility depends on the particular jurisdiction and the legal requirements that apply.

The type of Grant issued overseas can also be relevant. For example, an overseas document may not be equivalent to a Grant of Probate or Letters of Administration recognised for resealing purposes in England and Wales.

Where the overseas Grant is not eligible, it may still be possible for the person administering the estate to apply for a separate Grant in England and Wales.

At Nash & Co Solicitors, we can review the overseas Grant, establish whether resealing is available and explain the alternative process where it is not.

The documents required will depend on where the original Grant was issued and the circumstances of the estate. However, an application will generally require a copy of the overseas Grant that meets the court's requirements, together with supporting information about the deceased person and their estate.

Depending on the circumstances, the documents and information needed may include:

• The original overseas Grant of Probate or an appropriately certified or sealed copy.

• A copy of the Will and any codicils, where applicable.

• Details of the deceased person's assets in England and Wales, including their estimated values.

• Information about the executors or administrators appointed under the overseas Grant.

• Relevant inheritance tax documentation or confirmation that the necessary reporting requirements have been satisfied.

• Certified translations where documents are not in English.

The court may request additional documents or evidence, particularly where the overseas Grant differs from the type of Grant ordinarily issued in England and Wales.

It is important to establish what is required before submitting the application. Missing documents, incorrect certification or incomplete information can result in the Probate Registry requesting further evidence, which can delay the process.

There is no guaranteed timescale for resealing an overseas Grant of Probate. The time required will depend on the complexity of the estate, the documents available and the Probate Registry's processing times.

Before an application can be submitted, it may be necessary to obtain certified copies of documents from overseas, establish the value of assets in England and Wales and complete any relevant inheritance tax requirements.

Once the application has been submitted, the Probate Registry will need to examine the documents and confirm that the legal requirements for resealing have been met.

If the application is complete and straightforward, the process may progress relatively smoothly. However, additional enquiries, missing information or complications involving the overseas Grant can extend the timescale considerably.

It is also important to distinguish between obtaining the resealed Grant and completing the administration of the estate. Once the Grant has been resealed, executors may still need time to collect funds, sell or transfer property, settle outstanding liabilities and distribute assets to beneficiaries.

Seeking advice early can help identify the necessary steps and reduce the risk of avoidable delays.

If an overseas Grant cannot be resealed, this does not necessarily prevent the estate's assets in England and Wales from being administered.

Instead, it will usually be necessary to apply for a separate Grant of Representation through the Probate Registry in England and Wales.

The type of application required will depend on the circumstances. For example, where the deceased person left a valid Will, an application for a Grant of Probate or another appropriate form of Grant may be necessary. Where there is no Will, an application for Letters of Administration may be required.

Applications involving people who died domiciled outside England and Wales can be subject to particular rules about who is entitled to apply. The person appointed to administer the estate overseas may not automatically be entitled to obtain the English Grant.

The Probate Registry may also require supporting evidence relating to the overseas estate, the Will and the legal position in the country where the deceased person was domiciled.

Although this can involve additional work compared with resealing an eligible Grant, it provides an alternative route for obtaining the legal authority needed to administer assets in England and Wales.

Not necessarily. Whether a Grant needs to be resealed will depend on the type and value of the assets and the requirements of the organisation holding them.

Some banks and financial institutions are prepared to release relatively small balances without requiring a Grant of Representation. However, each organisation sets its own requirements, and the amount that can be released without a Grant varies.

Where the deceased held larger bank balances, investment portfolios, shares or other financial assets, the organisation may insist on receiving a Grant that is legally recognised in England and Wales before transferring or releasing the funds.

The position may also differ depending on whether the assets were held in the deceased person's sole name or jointly with someone else. Certain jointly owned assets may pass automatically to the surviving owner, although this depends on the legal nature of the ownership.

Before applying to reseal an overseas Grant, it is often sensible to establish exactly which assets are held in England and Wales and what each organisation requires.

This can help determine whether resealing is necessary or whether some assets can be dealt with without a formal probate application.

Resealing an overseas Grant does not automatically mean that UK inheritance tax will be payable. However, the estate's inheritance tax position may need to be considered before the Grant can be resealed.

The tax treatment of an international estate depends on several factors, including the deceased person's circumstances, the location and nature of their assets and the inheritance tax rules that applied at the date of death.

For deaths on or after 6 April 2025, the UK introduced a residence-based system for determining the scope of inheritance tax on overseas assets. Broadly, whether someone is treated as a long-term UK resident can affect which assets fall within the UK inheritance tax regime. Different rules may apply to earlier deaths.

Even where someone lived permanently overseas, assets situated in the UK may still fall within the scope of UK inheritance tax.

The availability of exemptions, reliefs and the relevant tax thresholds will also need to be considered. In some circumstances, double taxation arrangements or other reliefs may be relevant where the estate is subject to taxation in more than one country.

The fact that inheritance tax or an equivalent tax has already been paid overseas does not necessarily remove the need to consider UK inheritance tax obligations.

Before applying for resealing, it is therefore important to establish whether any inheritance tax reporting or payment requirements apply to the estate.

No. You do not generally need to live in England or Wales, or travel here personally, to arrange for an eligible overseas Grant of Probate to be resealed.

It is common for executors administering international estates to live overseas, particularly where the deceased person was resident in another country and their main estate is being administered there.

The resealing application can usually be handled through solicitors in England and Wales, who can advise on the documentation required, prepare the application and correspond with the Probate Registry.

You may need to arrange for documents to be certified or obtain copies from the court that issued the original Grant. Depending on the circumstances, additional evidence or formalities may also be necessary.

Once the Grant has been resealed, solicitors can assist with the administration of assets in England and Wales, including dealing with financial institutions and property transactions where appropriate.

At Nash & Co Solicitors, we can work with executors based overseas, as well as their existing legal advisers, to help ensure the necessary steps are completed in England and Wales without unnecessary travel.