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Resealing a Grant of Probate In the UK

Probate In the UK

Are you seeking help with Resealing probate in the UK ? if so we can help you.

If you are an Executor, Administrator, Attorney or Solicitor who has obtained probate outside the UK, we specialise in dealing with resealing probate applications in the UK.

Resealing probate arises when probate has typically been obtained in a former commonwealth country, recognised by the UK under the Colonial Probate Act. This Act allows the foreign probate to be Resealed in the UK by our Probate courts, which once undertaken then enables assets in the UK to be released such as shares, monies from a bank or the sale of a property. Example countries recognised under the Colonial Probate Act include, Australia, South Africa, Canada and New Zealand.

What documents will we need to reseal probate ?

  • Original death certificate or Solicitor certified
  • Original Court sealed probate papers from the Court where probate has been issued to include the will – this must be sealed by the Court
  • Details of the UK assets to be collected
  • Identification from the named Executor or Administrator

How long does it take?

It always depends upon the type of case and whether inheritance tax is payable and the nature of assets to be collected. In very straightforward cases we can undertake a reseal probate application in 3-5 weeks.

How much does it cost ?

We typically need to know the approximate value of the assets to provide a quote – as there are differing tax returns to be completed depending upon the value of the UK estate.

Does an inheritance tax return have to be completed in every case ?

Yes – all Reseal applications have to be accompanied by a Inheritance tax return. This doesn’t mean that tax is payable – we will always advise all clients from overseas on any inheritance tax implications on UK assets.

Can I just send solicitor certified copies of the will and probate ?

No – the UK Courts insist on Court sealed original documents which must carry the Courts seal – sometimes it is called an exemplification by the Probate Court

Does the UK have inheritance tax ?

Yes the current threshold is £325,000, however there are various exemptions that apply. For example, assets left between spouses are totally exempt, whilst on the death of a second spouse the Nil rate band ( the tax free allowance ) from the first spouse can be transferred onto the second estate depending on certain criteria being fulfilled. There are also other reliefs that can be claimed such as business property relief, agricultural relief, and charities exemptions.

How are you paid ?

All our fees are paid upon conclusion after all work has been finalised – typically we are paid out of the estate assets.

When Resealing probate is not possible: how can UK assets be released ?

If probate has been issued abroad and the Country is not part of the, Colonial Probate Act,and there is no will in the UK, the application to obtain probate in England is very different, and can be quite complex. The reason for this is that a very specific application has to be made by the Administrator of the foreign estate seeking an Order that a Grant of Probate be issued to the Executor or Administrator of the person entrusted with the estate administration of the Country of the Deceased’s Domicile. Given that countries outside the Colonial probate Act have very different legal procedures, we will frequently have to obtain what is known as an affidavit of foreign law, which explains to the Court the legal procedures that have been followed. This will be signed by a lawyer with a knowledge of the foreign probate process.

Expertise in foreign probate matters in the UK

We have acted on behalf of clients in over 30 different countries and therefore should you require help and assistance with the collection of assets in the UK please contact Tim Murden on 00 44 1482 429985  or by e-mail at tim.murden@tmsolicitors.co.ukWe Can confirm the documents we will need, the likely timescales, and the costs. Countries we have assisted clients from include, the USA, Ireland, Australia, New Zealand, Hong Kong, Singapore, Canada, South Africa, Spain, France, Germany, Switzerland, West Indies, Argentina, and India

National Probate helpline Telephone: 0845 9011 686

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