Is there any legal matter about which Scott Bailey LLP (Lymington and Lyndhurst) cannot advise us?  It would appear not! The team is growing, and with it the knowledge and experience of an ever wider range of specialist subjects. Here Alexandra Bridle, paralegal at Scott Bailey in Lymington, has advice for anyone who finds themselves dealing with the estate of someone who has died domiciled overseas in a Commonwealth country, who had assets located in England and Wales at the time of their death.

You may have read our recent article on whether a Grant of Probate is required when administering an estate, but what happens if a Grant of Representation has already been obtained in a Commonwealth country and there are UK assets which need to be released? In this instance, an application can be made for the Grant to be resealed by the UK Probate Registry.

What is Resealing?

If someone dies domiciled overseas in a former or current Commonwealth country* and has assets located in England and Wales at the time of their death, it may be necessary for the Personal Representative to obtain legal authority to realise those assets.  This legal authority (by way of a Grant of Representation) may have already been issued by the court in the jurisdiction where the deceased died domiciled.

In order to deal with the UK assets, a UK recognised authority may be required in the form of a ‘Reseal’.

For example, an individual dies domiciled in Australia leaving a UK bank account, the Australian Grant of Probate or Representation may not be recognised by the UK asset institution and thus, requests an English grant in order to deal with the UK bank accounts. 

*The English Probate Registry is permitted to reseal probate documents issued in the court from one of the countries which are listed in the Colonial Probate Act 1965. 

What is required for Resealing?

In order to apply for the Reseal, the UK Probate Registry will require an application to made, along with supporting documentation, which includes the original Grant of Representation from the country where it was issued. You may also need to submit an Inheritance Tax return to HMRC before applying for resealing.

Alexandra Bridle, Paralegal in our expert wills, trusts and probate team, has extensive experience in cross-border estate administration and has dealt with numerous applications to reseal Grants of Representation for many jurisdictions including Australia, South Africa and New Zealand - and she has put this page together that covers what resealing a grant of probate is, and how we can help: Resealing a Grant of Probate - Scott Bailey Solicitors

If you require assistance with a Reseal or would like any further information, please do not hesitate to contact our Private Client Department at Scott Bailey LLP on (+44) 01590 66933 or by email This email address is being protected from spambots. You need JavaScript enabled to view it..

This article was written by Alexandra Bridle

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Founded in 1930, Scott Bailey has grown to become a leading firm in the New Forest, providing a full range of legal services to private individuals and businesses. Services for individuals include Residential Conveyancing, Divorce, Family, Wills Trusts & Probate, Litigation & Disputes.

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The first firm in the region to receive the Law Society's prestigious LEXCEL award for high standards of practice management and customer care, Scott Bailey LLP promises top-quality, professional help from a team of expert solicitors who will put your best interests at the heart of their work.

Scott Bailey was delighted and proud to win "Business of the Year" at the 2023 New Forest Brilliance in Business Awards - read story here.