With an ever increasing number of people opting to move abroad, it is more and more common to come across a situation where a person dies overseas but leaves assets registered in England.
If the deceased has died outside the UK, the procedure to obtain probate can vary significantly depending upon where the deceased was permanently living at the date of death.
The authority to administer the estate of a person who lived overseas is conferred by Grant of Representation from the country of their domicile. However, when the deceased also owned assets in England or Wales (such as a property, bank accounts or shareholdings) it may also be necessary to obtain authority from the UK Probate Registry to deal with those assets by obtaining a ‘Reseal’ of the foreign Grant. When a reseal has been obtained, it allows an executor or administrator to gain access to assets registered in the country which has issued the reseal.
Resealing a Grant of Probate
Resealing is a fast and efficient way to obtain recognition of a local probate document by the English courts, which will then enable the executor or their attorney to gain access to the assets registered in England.
If the deceased was living in a Commonwealth country for example the Bahamas, then it may be possible to apply to the Probate Registry to ‘reseal’ the overseas Grant rather than apply for a separate Grant to release and distribute the assets in England and Wales.
Obtaining a Grant of Probate in the UK
If the deceased died in a non-Commonwealth country and it is not possible to reseal the foreign Grant then a full application for Grant of Representation will be required.
This can be a complex process because the overseas inheritance procedures may have be explained to the UK Probate Court so as to ensure Probate is granted to the correct person.
The UK Probate Court will require an Affidavit of Foreign Law and a full understanding of the inheritance process involved in the Country of the deceased. They will also require Court sealed papers showing who has been appointed to deal with the estate with a translation in English.
Should you require assistance with the administration of any assets held abroad, whether you believe a reseal is required or not, please get in touch with the our Probate team at Birkett Long, who would be happy to discuss the available services and any queries you may have about international estate administration.
