Resealing Grants of Probate

Guide to Resealing Grants of Probate Abroad

When an individual passes away, leaving assets in multiple jurisdictions, it is often necessary to have the grant of probate from one jurisdiction recognized in another. This process, called resealing, facilitates the management and distribution of the deceased’s assets across borders without requiring a completely new probate application.

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Understanding Resealing of Probate

Resealing involves obtaining recognition of an existing grant of probate (or equivalent) in another jurisdiction, typically in common law countries or those with reciprocal agreements. This process enables the executor or administrator to manage assets in the foreign jurisdiction as authorized by the original grant.

General Process for Resealing Probate Abroad

Resealing is generally available in jurisdictions with compatible legal frameworks, such as Commonwealth nations (e.g., the UK, Australia, New Zealand, and Hong Kong). However, resealing is not limited to Commonwealth countries; we hold a worldwide network to assist with reseals and sales.

Determine Applicability

Resealing is generally available in jurisdictions with compatible legal frameworks, but it is not limited to Commonwealth nations (e.g., the UK, Australia, New Zealand, and Hong Kong). We maintain a worldwide network to assist with reseals and sales.

Submit the Application

The application is submitted to the appropriate probate authority along with all required documentation. Applicants must provide the original grant of probate or the original death certificate, accompanied by a notarized copy of the will, and ensure compliance with any local tax obligations.

Tips for Smooth Resealing

Consult Experts

Consult legal experts in cross-border probate to ensure local law compliance

Plan for Delays

Note that processing times may vary. Allow extra time in case of any unexpected delays

Understand Tax Implications

Ensure compliance with all applicable tax laws in both the original and resale jurisdictions

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