Resealing a Commonwealth Grant of Probate in England and Wales

The Legal Basis for Re-Sealing

Re-sealing in England and Wales is governed by the Colonial Probates Act 1892 (as amended), which allows the Senior Courts to seal grants made in listed Commonwealth countries. When re-sealed, the foreign grant has the same legal effect as if it had been made by an English court.

The process also works in reverse — an English grant can be re-sealed in most Commonwealth countries. For details on re-sealing an English grant abroad, see our guides on Australian assets, New Zealand assets, and Irish assets.

Which Countries Qualify?

The Colonial Probates (Application of Act) Order lists the countries from which grants can be re-sealed in England and Wales. The list includes (but is not limited to):

• Australia (all states and territories)
• New Zealand
• Canada (all provinces)
• India
• Pakistan
• Singapore
• Malaysia
• South Africa
• Kenya
• Tanzania
• Zimbabwe
• Jamaica
• Trinidad and Tobago
• Barbados
• Bahamas
• Gibraltar
• Hong Kong
• Cyprus

Ireland does not appear on this list for historical reasons (it was removed after independence), but in practice a different legal basis is used for Irish grants. See our guide on Irish assets for more detail.

Non-Commonwealth countries are not on the list — for example, US, French, Spanish, German, or Italian grants cannot be re-sealed in England. A separate English Grant of Probate must be obtained in those cases.

The Re-Sealing Process in England and Wales

The application to re-seal a Commonwealth grant is made to the England and Wales Probate Registry. The process involves:

1. Prepare the application: Complete the re-sealing application form (HMCTS form PA1R or the equivalent). Provide details of the deceased, the estate, and the foreign grant
2. Provide the original or certified copy of the foreign grant: The Probate Registry requires the original or a certified copy of the foreign grant of probate or letters of administration, together with the will if any
3. Pay the fee: The re-sealing fee is the same as the probate application fee — £300 for estates above £5,000 (plus £1.50 per copy of the re-sealed grant)
4. Submit IHT documentation: HMRC must be notified of the English assets. If IHT is payable on UK assets (because the deceased was UK-domiciled or the UK estate exceeds the threshold), the IHT account must be submitted to HMRC before the re-sealing will be completed
5. Receive the re-sealed grant: Once processed, the Probate Registry returns the foreign grant re-sealed with an English court stamp. It can then be used to deal with English institutions

The re-sealing process typically takes 4–8 weeks from submission, depending on the Probate Registry's current workload.

UK IHT and Re-Sealed Grants

Re-sealing a foreign grant does not reduce UK IHT obligations. If the deceased was UK-domiciled, UK IHT applies to the worldwide estate. If the deceased was non-UK-domiciled, UK IHT applies only to UK-sited assets.

In either case, if the UK estate (or the UK-sited assets for a non-domiciliary) exceeds the threshold requiring an IHT400, this must be completed and submitted to HMRC. Any IHT due on UK assets must generally be paid before the Probate Registry will re-seal the grant.

See our UK IHT guide for current thresholds and rates, and our complete UK probate guide for the full probate process.

When to Apply for a Full UK Grant Instead

There are circumstances where it may be preferable to apply for a full UK Grant of Probate rather than re-sealing:

• The deceased was UK-domiciled and there are significant UK assets — a UK grant may be more practical as the primary grant
• The foreign grant has restrictions on it that are not compatible with dealing with English assets
• The deceased's domicile is disputed and needs to be determined by an English court
• The foreign grant was made in a country not on the qualifying list

See our guide on applying for probate for the full UK probate application process.

For documents needed for UK probate, see what documents you need for probate.

For authenticating overseas documents for use in the UK, see our guide on obtaining an apostille for a foreign death certificate.

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