Inheriting Abroad: What Executors Should Know About Resealing Probate

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This article explains what Executors should know about Resealing Probate. And also:

• When professional support may be appropriate
• What resealing a Grant of Probate means in the context of international estate administration
• When resealing is required and which jurisdictions commonly recognise foreign probate grants
• The types of assets that typically require a resealed grant
• The practical steps executors must follow to complete the resealing process
• Common challenges encountered in cross-border probate cases

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Getting Started

If you are an executor managing an estate with assets in multiple countries, you may encounter the process known as resealing probate. Resealing involves obtaining formal recognition of a Grant of Probate issued in one jurisdiction so it is legally effective in another. This procedure is a routine but important aspect of administering cross-border estates.

What Is Resealing a Grant of Probate?

Resealing occurs when a court in one country formally recognises a Grant of Probate from another jurisdiction. Once resealed, the executor is empowered to administer assets in the new country as though probate had originally been granted there.

Resealing is typically required if the estate comprises overseas property, shares, or bank accounts. In essence, whenever proof of authority is needed to administer foreign assets, resealing becomes necessary.

When Is Resealing Required?

Resealing is most prevalent among Commonwealth countries, such as the United Kingdom, Canada, and Australia, which mutually recognise each other’s probate documents. In other jurisdictions, different legal requirements may apply and a fresh probate application could be necessary.

Examples include:

• A Grant of Probate issued in Australia or Canada where the deceased held UK-based assets
• A UK Grant of Probate where assets are held in another Commonwealth country

Therefore, before transferring, selling, or repatriating any overseas assets, ensure that the relevant grant has been properly resealed in the required jurisdiction.

Common Assets Affected

Resealing may be required for:

• Certificated and nominee-held shares
• Bank and investment accounts
• Property
• Other regulated financial assets

Banks, investment firms, and registrars typically will not permit access to or movement of assets until a resealed grant is presented. This requirement is non-negotiable for most institutions.

Step-by-Step: What Executors Should Do

1. Identify the Relevant Jurisdiction
2. Prepare Supporting Documentation
3. Submit the Resealing Application
4. Liaise with Asset Holders

A lack of preparation can result in significant delays and increased costs. Proactive planning is essential to streamline the process.

Professional Support and Administration

Engaging professional support in probate matters can save considerable time and minimise complications. Experts can assist with:

• Resealing foreign grants in the UK, and
• Resealing UK grants abroad to enable overseas asset repatriation or transfer

This support typically encompasses document preparation, liaison with courts, coordination with registrars, and assistance with asset transfers.

Conclusion

Resealing probate is an essential step in the administration of cross-border estates. Early identification of when resealing is required can help prevent unnecessary delays and ensure overseas assets are administered in accordance with the relevant legal framework.

Our team provides specialist support with resealing Grants of Probate and administering overseas assets, combining jurisdictional knowledge with practical experience to ensure estates are managed efficiently and correctly.