Resealing Foreign Probate
Resealing probate is the process of having an eligible probate or administration grant issued in one jurisdiction recognised in another jurisdiction.
This can be relevant where a deceased person had assets in more than one country and probate has already been granted overseas.
Not every foreign grant can be resealed in England and Wales. Resealing is available only where the relevant foreign grant and jurisdiction meet the requirements of the applicable legislation.
If a foreign grant cannot be resealed, a separate UK probate application may be required. The appropriate route will depend on the circumstances of the estate, the deceased’s domicile and the location and type of assets involved.
Whether you wish to reseal a foreign Probate in the UK or apply for a UK Grant of Probate based on a foreign-domiciled deceased, our experienced team can assist with the appropriate application.
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When Is Resealing Probate Required?
If probate has been granted overseas and the deceased also owned assets in England or Wales, the foreign grant may need to be resealed before the personal representatives can deal with those UK assets.
Only certain foreign grants are eligible for resealing. Where resealing is not available, a separate UK grant may be required.
Overseas Probate and UK Resealing
Where probate has been granted overseas and the deceased also held assets in England or Wales, it may be possible to have the foreign grant resealed in the UK.
A resealed grant can then be used to administer the relevant estate in England and Wales. Whether resealing is available depends on the country in which the original grant was issued and the circumstances of the estate.
The Process in the UK
If you’re dealing with an estate where probate was issued overseas and need a valid UK grant. You’ll require the following:
– a copy of the original grant and 2 photocopies
– a written request for reseal from the persons named in the grant
– completed either an IHT207 form or a IHT421 form (part of the form IHT400) for tax purpose
– a fee of £155 applies (if the estate’s value exceeds £5000) and copies of the grant cost £1 each
When does it not apply
The person must apply for a grant in the country where the assets are located. Legalities must be reconciled between both countries; this can be difficult to navigate. Certainty over the deceased’s domicile can be a complex matter, as it depends on many factors. Such as: country of birth, country of death, where tax was paid, and where assets are located.
Domicile and International Estates
The deceased’s domicile can be relevant when determining how an international estate should be administered and may also have tax implications.
Domicile can be a complex legal issue and is determined by a range of circumstances. Where necessary, specialist legal or tax advice may be appropriate.
Inheritance Tax and Overseas Assets
Overseas assets can form part of the UK Inheritance Tax assessment depending on the deceased’s circumstances and the nature and location of the assets.
International estates can involve additional tax considerations, including potential issues where tax may be payable in more than one country.
We can help identify the probate and estate administration requirements and explain when specialist tax advice may be appropriate.
Need Help With an International Estate?
Whether you need to reseal an overseas grant in the UK or require assistance with a separate probate application, our experienced overseas probate team can help you understand the options available.
Call IWC Probate & Will Services on 020 8150 2010 to discuss your circumstances.
