At Myerson, we deal with many situations where someone has died overseas, and the Deceased owned assets worldwide, including in England and Wales.

A Grant of Probate or Grant of Letters of Administration is a legal document issued by the Courts in England and Wales.

A Grant confirms who is entitled to administer the Estate and allows them to transfer or sell assets in the Estate.

However, a Grant issued in England and Wales will usually only cover assets held in England and Wales.

If the Deceased died outside England and Wales, then the procedure to obtain a Grant can vary significantly, and where to obtain a Grant in the first instance can depend on several factors.

Such factors include:

  • Where the Deceased was classed to live permanently at the date of death.
  • Whether the Deceased had a Will.
  • Whether any foreign Will is admissible to obtain a Grant of Probate in England and Wales.

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Obtaining a Grant of Probate

Other jurisdictions have their own versions of a Grant, and obtaining a Grant in every jurisdiction where the Deceased owned assets is usually necessary.

If the Deceased died in England and Wales, Myerson can assist by obtaining a Grant and liaising with a foreign Solicitor to arrange for the English/Welsh Grant to be resealed in their jurisdiction.

If, however, the Deceased died outside of England and Wales, and they owned assets in England and Wales (such as property, shares, bank accounts, etc.), then the procedure to obtain a Grant in England and Wales is slightly different.

It will be necessary to consider the Deceased’s domicile status to determine how the Estate will be distributed, where any tax will be paid and where the initial Grant should be issued.

If a Grant is issued in a foreign jurisdiction first, Myerson can assist by resealing the foreign Grant of Probate.

It isn’t possible to reseal a Grant issued in every foreign jurisdiction; there is a list of applicable countries and jurisdictions set out in law.

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Procedure for Resealing a Foreign Grant of Probate

If it is possible to reseal the foreign Grant, then the procedure essentially involves making an application to the Probate Registry in England and Wales, asking them to recognise the foreign Grant and confirm its contents by issuing a sealed version of the Grant that can be used in England and Wales. 

A resealed Grant can be issued to:

  • The person entrusted with the administration of the Estate by the Court in the jurisdiction where the Deceased died domiciled.
  • The person beneficially entitled to the Deceased’s Estate by the law of the Deceased’s place of domicile.
  • The Executor(s) named in the Will.

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Documents Required for Resealing a Foreign Grant

The documents required to complete the reseal are:

  • Original foreign Grant (with a certified translation if it is not in English);
  • Original Will (or official copy if the original is not available because it has been lodged with the Courts in the foreign jurisdiction);
  • Translation of the original Will (if it is not in English);
  • A written request from each grantee for the Grant to be resealed and confirmation that the Deceased was domiciled in the country where the Grant was first issued;
  • Full inheritance tax account;
  • Probate Registry Fee

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Full Application for Grant in Non-Applicable Jurisdictions

​​If it isn’t possible to reseal a Grant because the jurisdiction or country is not included in the list set out in the law, then a full application for Grant is required.

This can be a complex process because the inheritance tax and succession laws in foreign jurisdictions will need to be considered in the context of the inheritance tax and succession laws in England and Wales.

In addition to the documents referred to above, the Probate Registry in England and Wales will require an Affidavit of Foreign Law and a full understanding of the inheritance tax and succession laws in the relevant foreign jurisdiction.

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Contact Our Wills, Trusts, and Probate Team

Our Wills, Trusts, and Probate team has a wealth of experience regarding the overseas aspects of Wills and the administration of Estates. Our team are STEP qualified (the Society of Trust and Estate Practitioners), which means that our team is trusted and has extensive experience in dealing with international and cross-border estates. 

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