IWC have a dedicated overseas probate team that can assist you in probate abroad and resealing a grant of probate in the UK. If a relative has died abroad but still has assets in the UK or you're dealing with an estate where there are overseas assets, a probate reseal will be required if the other country is part of the Colonial Probate Act.
We've assisted many clients obtain resealing grant of probate from countries such as New Zealand, Canada and Australia. If you need to apply to reseal probate in the UK, we can take care of the whole process on your behalf including completing the relevant inheritance tax forms. Once the reseal has been obtained, we can deal with the transfer of the asset or arrange its sale. For free help and advice call us on 0800 612 6105 or 0044 208 150 2010 (from overseas) alternatively if you would prefer to use Skype please call +442032894071
Financial institutions will require a copy of the Grant of Probate (or equivalent) so representatives can access the assets of the deceased. If the deceased resided or died overseas and the grant of probate was issued there, it will not automatically be accepted as a grant to entitle the collection of UK assets.
Depending on the country, a new grant will need to be obtained or when obtaining probate this can be resealed. Similarly, if the deceased was a UK resident with overseas assets, you may be required to either obtain Probate or reseal the existing Grant of Probate in the country where the asset exists.
The Grant of Probate (or equivalent document) is sealed for use in the country in which it was issued. If an Estate has assets located in another country, a probate reseal can be issued to avoid having to apply again in the country in which the assets are located.
If applying for a reseal in the UK, the application still requires an inheritance tax return and for this reason, legal advice from a company knowledgeable in the country's inheritance tax laws is recommended. IWC can answer your questions, call us for more information.
A reseal can only be issued by the UK probate registry if the deceased died or resided in a country recognised by the Colonial Probate Act. Similarly, a UK Grant of Probate can only be resealed in recognised countries. For example, Spain is not included, neither is Jersey and you'll have to make a new application. Whereas Australia and South Africa are recognised therefore resealing probate is an option.
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:
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 quite a minefield. Certainty over the deceased's domicile can be a complex matter as it depends on many factors; country of birth, death, where tax was paid, where assets are located. This is important as it ultimately effects which country's laws will govern the administration of the estate and has tax implications.
If resealing doesn't apply in your case and you have to apply for overseas probate, IWC can help. Call us on 0044 208 150 2010 if calling from overseas.
We can help with Jersey Probate