UK estates increasingly comprise varied liquid assets overseas – these could be anything from shares in Canada to a bank account in Australia or the USA, to a shareholding in Hong Kong or Singapore, or an account in Jersey, the Isle of Man or Gibraltar.
Financial institutions and share registrars in many jurisdictions will have their own compliance thresholds for the value of assets in that jurisdiction, above which they will need either a local grant to be obtained from the court, or for the English grant of representation or Scottish confirmation to be resealed in the local court.
Resealing the Grant or Confirmation
A ‘reseal’ is, literally, the seal of the court in the jurisdiction in which the dead person’s asset is located, affixed to the grant of probate or confirmation. This gives the grant the same authority that a grant obtained in that jurisdiction would have had.
Reseals are possible in countries that are subject to the Colonial Probate Act, or which are closely allied to the UK (such as somewhere like Gibraltar), and tend to be Commonwealth countries like Australia, Canada, Hong Kong and Malaysia, for example.
For other jurisdictions, their court rules require the estate to obtain a ‘full’ grant of probate or similar; for example, in Jersey, the Isle of Man and Ireland.
In some of these jurisdictions, the existence of an English grant or Scottish confirmation will smooth the way. In others, the process can be long and complex.
The process can be hardest to predict in the US where, in addition to federal laws, each State has its own rules and laws governing how probate should be obtained. Some involve lengthy “prescription periods” during which the estate must advertise for creditors in the area where the grant is being obtained, preventing access to the assets.
Overseas Estates with UK Assets
Some clients need the reverse: for their own grant to be resealed in England and Wales, or for local English probate to be obtained (where the country of domicile is not a Commonwealth jurisdiction). Finders can help here, too – contact us to discuss further.
Finders International has new and competitive prices to help you obtain Grants from Jersey and the Isle of Man. All fees are subject to sight of estate documents. All documents and information are received in confidence, and without obligation, and no costs are incurred without your express authorisation.
If you’re interested in obtaining a firm quote for work in any of the jurisdictions mentioned in this article, please supply us with copies of the following:
- Death certificate
- English grant and will, or Scottish confirmation
- Details of all assets in the jurisdiction requiring the reseal or grant.
We will ask you for originals, and additional documentation at a later date.
Contact Louise Levene, Asset Services Manager at Finders International (firstname.lastname@example.org) for a quote, or just for an informal discussion of your requirements, in confidence and without obligation. Telephone: 020 7490 4935 (UK Freephone: 0800 085 8796).