If you are dealing with an Estate with overseas assets (e.g. property, share-holdings, bank accounts), it may be necessary to obtain a Grant of Probate in that jurisdiction or a reseal of a UK Grant of Probate to enable an Executor to deal with the Deceased’s overseas assets.
The resealing of a Grant of Probate usually involves a solicitor local to the foreign jurisdiction applying to their court to reseal an English Grant of Probate. Upon completion of the resealing, the sale and transfer of the Deceased’s asset(s) can take place.
We can also arrange for the UK resealing foreign Grants of Probate, which are usually from Commonwealth Countries or the EU. In respect of a Grant of Probate issued in other countries, we usually have to apply for an English Grant of Probate.
You should note that even within the UK problems can arise. For example if a Company is incorporated in the Channel Islands, Scotland or the Isle of Man when the English Grant will have to be resealed in those Islands or in Scotland. Registrars frequently ask for English Grants to be resealed in the Isle of Man or the Channel Islands of a company incorporated therein even if the shares of that company are quoted on the London Stock Exchange or on AIM.
In the case of shares of a company incorporated in the USA or Canada, a Medallion Guarantee is usually required, and we can arrange for this to be affixed to the appropriate documentation.
In addition, we are able to assist in the Small Estate Indemnity procedure which may be used by some registrars if the value of the assets in England is small, usually less than £10,000. This can make registration of the death and the issue of a new share certificate much easier.
If you have a case in mind, please contact us for a bespoke quotation.