Obtaining a Foreign Grant Recognised in the UK

Route 1: Re-Sealing a Commonwealth Grant

Under the Colonial Probates Act 1892, grants from qualifying Commonwealth countries can be re-sealed at an English Probate Registry. Re-sealing is simpler, faster, and cheaper than obtaining a fresh UK grant. For a full explanation of the re-sealing process, see our guide on re-sealing a Commonwealth grant in England and Wales.

Countries from which grants can be re-sealed include Australia, New Zealand, Canada, India, Singapore, South Africa, and many others. The re-sealed grant has the same legal effect in England and Wales as a grant made by an English court.

Route 2: Obtaining a Fresh UK Grant

For non-Commonwealth countries — France, Spain, Germany, Italy, the US, UAE, and others — there is no re-sealing mechanism. The executor or administrator must apply for a fresh UK Grant of Probate or Letters of Administration from the England and Wales Probate Registry.

This fresh UK grant is obtained even where a foreign grant already exists. The application process is largely the same as a standard UK probate application, with these differences:

• The applicant must provide evidence of the foreign grant (a certified copy with apostille if the country is a Hague Convention member, or with consular legalisation)
• If the deceased was domiciled abroad, evidence of the applicable foreign succession law may be required — often in the form of a sworn affidavit from a foreign lawyer
• If the will is in a foreign language, a certified English translation must be submitted
• The UK grant will be granted to the same persons as the foreign grant, or to persons entitled to act under English law if the foreign grant is not directly equivalent

For the UK probate application process, see our guide to applying for probate and our complete UK probate guide.

UK IHT When a Foreign Grant Is Used

Obtaining a UK grant (whether by re-sealing or a fresh application) does not change the UK IHT position. UK IHT applies to UK-sited assets regardless of how the authority to deal with them is obtained:

• If the deceased was UK-domiciled: worldwide estate subject to UK IHT
• If the deceased was non-UK-domiciled: UK-sited assets only subject to UK IHT

The IHT account and any tax due must generally be submitted and paid before the Probate Registry will issue or re-seal a grant. See our UK IHT guide for current thresholds.

Which UK Institutions Accept Which Documents?

Practical guidance on what UK institutions require:

• UK Land Registry: Requires a UK grant (including a re-sealed Commonwealth grant) to transfer registered land. A foreign grant alone is not accepted
• UK banks: Most UK banks require a UK grant for large accounts. Some may release small accounts on receipt of a foreign death certificate and indemnity, but this varies by bank
• UK share registrars: Require a UK grant for transfers of UK-registered shares
• HMRC: Deals with the executor under the UK grant for tax purposes
• Pension providers and life insurers: May accept evidence of heirship without a grant in some cases, depending on the value and their own policies

Practical Checklist

• Identify all UK assets and determine which require a UK grant for release
• Check whether the foreign grant is from a qualifying Commonwealth country for re-sealing
• If re-sealing: apply to the England and Wales Probate Registry with the foreign grant (see re-sealing guide)
• If not re-sealing: apply for a fresh UK Grant of Probate — see applying for probate
• Ensure UK IHT is dealt with before probate proceeds
• For document authentication, see apostille guide

For the overall estate administration, see our estate administration checklist and our complete UK probate guide.

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