Grant of Probate Resealing In The UK Probate Overseas
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Probate Process in the UK

Sometimes a deceased person may have assets in the UK, despite living abroad. If you are a Solicitor, Attorney or Lawyer acting on an estate outside the UK and require legal help releasing the assets we can help.

Typically, to release the assets, a legal document known as a Grant of Representation from our Probate Courts will be required. 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

Depending on the Domicile of the Deceased, it is sometimes possible to `Reseal a foreign grant of probate` from another Country. This involves an application to our UK Probate Court seeking the Court’s permission that the foreign probate be sealed by the Court. Once issued, this then means that the foreign probate can be used in the UK to release assets. The number of Reseal Applications is limited to those Countries recognised by the UK under the Colonial Probate Act, and includes Australia, New Zealand, South Africa, Canada, Hong Kong, Singapore and most other Commonwealth Countries.

Resealing of Australian and New Zealand Probate in The UK

We have considerable experience in helping Solicitors, clients and lawyers from Australia, particularly from the States of Queensland, New South Wales, and Victoria while we also regularly undertake Resealing applications involving New Zealand Probate.

Typically, the documents we would require to undertake the application in the UK, would be a Court Sealed Copy of the Grant of probate and will, Original Death Certificate, and details of the UK assets to be collected. An application typically takes between 6-7 weeks. E-mail tim.murden@tmsolicitors.co.uk for assistance or contact him by phone on 00 44 1482 429985

USA Probate in The UK

If the foreign grant is not recognised as one in which a Reseal is possible, 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 help Attorney’s from the US obtain probate in the UK after Letters of Testamentary have been issued in the States.

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.

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