Obtaining a Foreign Grant Recognised in the UK

How do I get a foreign probate grant recognised in the UK?

1A foreign grant of probate is not automatically recognised in the UK — either re-sealing (for Commonwealth countries) or a separate UK probate application is required
2Re-sealing is available for grants from qualifying Commonwealth countries under the Colonial Probates Act 1892
3For non-Commonwealth countries (France, Spain, US, Germany, etc.), a fresh UK Grant of Probate or Letters of Administration must be obtained
4UK banks, the Land Registry, and HMRC will not accept a foreign grant alone — they require a UK-issued or re-sealed grant
5The process of obtaining a UK grant based on a foreign domicile death requires additional evidence of the applicable foreign law

A foreign grant of probate is not recognised in the UK without further steps. For Commonwealth countries, re-sealing is available. For all other countries, a full UK probate application must be made, even if a foreign grant already exists.

When a person dies abroad but leaves UK assets, the executor or administrator appointed under a foreign grant needs authority to deal with those UK assets. UK financial institutions and the Land Registry will not accept a foreign grant alone — they require either a re-sealed Commonwealth grant or a UK-issued Grant of Probate.

This guide explains the two routes to getting a foreign grant recognised in the UK, the process for each, and the practical steps for dealing with UK assets in a foreign estate.

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.

Not sure if you need probate?

1 in 3 applications are sent back. In under 2 minutes, we'll tell you whether you need it and what to do next.

Find out in 2 minutes

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.

Get started with Farra for a personalised task list.