During the estate administration process, encountering assets held in foreign jurisdictions is becoming increasingly common. Due to global mobility for work, travel, or property investment, many individuals hold assets overseas. In fact, research by IRN Legal Reports reveals that over 25% of UK residents now have overseas financial interests or property, highlighting the growing need for international estate administration solutions. Upon death, these foreign assets must be managed appropriately, and each country has its own legal processes to follow. Depending on the jurisdiction, it may be necessary to reseal a Grant of Probate to administer these assets effectively.
In most cases, a UK Grant of Representation does not automatically provide the Personal Representative (PR) with the authority to manage overseas assets. Additionally, if a deceased individual was domiciled outside of the UK but owned UK-based assets, many organisations will not recognise the foreign Grant as a valid legal document. Cross-border inheritance disputes are also becoming more frequent due to increased global mobility, according to The Law Society. Understanding jurisdictional differences is key to avoiding delays and ensuring that assets are distributed efficiently.
'Resealing' refers to the process of obtaining a sealed copy of a Grant of Probate or Letters of Administration that has been verified for use in another jurisdiction. Essentially, this legal seal confirms the document's authenticity, allowing the PRs to manage foreign assets efficiently. However, some jurisdictions may require a full Grant application instead of a simple reseal. Identifying this requirement early in the estate administration process helps to prevent delays.
Typically, the named Executor in the Will should apply for a reseal. If no Will exists, the appointed Administrator under the rules of intestacy will take on this responsibility. In some cases, a beneficiary may apply on behalf of the PR, though this is often more complex as they are not directly named on the Grant.
If the PR has appointed an expert to manage the estate administration, Title Research can assist Solicitors and professional clients with resealing a Grant. Our established international network streamlines the process, saving time and resources.
Resealing a Grant of Probate is typically required in Commonwealth countries, including:
Australia;
New Zealand;
Hong Kong;
Malaysia;
Singapore;
Ireland.
Some regions such as Jersey, Guernsey, and the Isle of Man, require a full Grant application instead of a reseal. Probate fees in these jurisdictions are often calculated based on the asset value rather than being a fixed cost.
Assets held in the United States cannot be managed through a resealed Grant; a new Grant is typically required in such cases.
When a deceased individual was domiciled outside the UK but held UK-based assets, their foreign Grant of Representation must be resealed for use in England and Wales. The Probate Registry can reseal the original foreign Grant, a certified court copy, or an exemplification of the Grant.
Current UK Probate Fees:
£300 for estates exceeding £5,000 in value;
No fee for estates worth less than £5,000.
To successfully apply for a reseal of a Grant, the following documents are required:
The original Grant of Representation or a certified copy;
A certified copy of the Will (if applicable);
An Inheritance Tax return (if applicable);
A Letter of Authority (if applying on behalf of an Executor or Administrator);
A formal translation of any non-English documents (if applicable).
At Title Research, our in-house specialists and trusted network of international partners can assist with resealing a Grant of Probate or obtaining a sealed copy of the Grant. We offer fixed-fee services to ensure cost transparency from the outset. Our team can help overcome challenges such as foreign documentation, language barriers, and court attendance requirements. Learn more about our full range of asset repatriation and genealogical research services.
If you are looking to administer assets held in another country, call our Client Services Team on 0345 87 27 600 or fill in the form below.