When Someone Dies While Living Outside of England and Wales

The authority to administer the estate of a person, who has died and lived outside England and Wales, is conferred by the Grant of Representation from the country of their domicile.

However, when the deceased also owned assets in England and Wales, such as property, bank accounts or shareholdings, it shall be necessary to obtain authority from the Probate Registry in England and Wales to deal with those assets by obtaining a ‘reseal’ of the foreign grant.

The Colonial Probates Act 1893 permits the resealing of a grant made in a number of countries and territories, in England and Wales.

In order to reseal a grant issued in one of the permitted countries or territories, the original colonial grant (or a Court sealed and certified copy or an exemplification of the grant) together with a court sealed and certified copy of the Will must be lodged with the Probate Registry in England and Wales, together with a written request from the executor or personal representative for the grant to be resealed, an Inheritance Tax Account or confirmation from the HM Revenue & Customs that an Inheritance Account has been lodged with them and any Inheritance Tax paid and the appropriate fee.

The Wills & Probate Team at Wellers Law Group LLP have dealt with numerous applications to reseal a Grant of Probate from many jurisdictions, including Australia, Canada, France, Hong Kong, India, Italy, New Zealand, Republic of Ireland, Singapore, South Africa, and United States of America.

If you would like to discuss this matter or would like any further information, please do not hesitate to contact us on 0208 464 4242 or by email enquiries@wellerslawgroup.com