PROBATE ABROAD RESEALING PROBATE UK ADVICE
Probate process in the UK
Sometimes a deceased person may have assets in the UK, despite living abroad. If you are an attorney or lawyer acting on an estate involving a UK asset, then a grant of representation from the probate registry will be required in the UK. If a will exists this is called a grant of probate, or grant of letters of administration if no will exists. Without this document financial institutions will not release any assets held by the deceased eg. shares, bank funds etc.
Resealing of a grant of probate in the UK
The legal process varies depending upon the country where the deceased was domiciled. For example in Australia and New Zealand it maybe possible to have the foreign probate resealed in the UK, this then enables the foreign grant to be used in the UK. Whether the foreign probate is recognised in the UK depends upon a number of factors and our probate helpline will be able to advise you.
If the foreign grant is not recognised, then an entirely fresh application will need to be made to the UK probate registry, typically the Probate Registry may well require, what is known as an affidavit of foreign law clarifying the legal process followed in the Deceased’s country of domicile, as well as confirmation as to the person entrusted to deal with the estate.
We regularly advise overseas lawyers and clients on on probate in the UK, and have acted for clients in Irealand, Australia, New Zealand, South Africa, Canada, United States America, France, Spain, Holland, and Germany. If you require assistance please call us on 0844 756 3882 or e-mail tim.murden@tmsolicitors.co.uk, who heads our foreign probate team and we will be able to advise upon the likely procedure involved.