When someone dies abroad and their estate includes assets in England and Wales, their executor may not need to start the probate process here from scratch. Resealing a grant of probate is often the faster and less complicated route. This guide explains what resealing is, which grants qualify, and what the process involves. It applies to England and Wales.
What is resealing a grant of probate?
A grant of probate is the legal document that authorises an executor to manage and distribute the assets of a person who has died. Courts in England and Wales issue their own grants, and a grant issued in another country carries no automatic legal authority here.
Resealing is the formal procedure by which the Probate Registry in England and Wales recognises a foreign grant. The Registry applies its seal to the foreign grant so that it takes effect as if it had been issued here. That avoids the need to apply for an entirely separate grant.
Which grants can be resealed?
This is the point at which most guidance on resealing goes wrong, so it is worth being precise.
Resealing is available under the Colonial Probates Act 1892 and the Colonial Probates (Protected States and Mandated Territories) Act 1927. Neither Act applies anywhere by default. A grant can only be resealed if the territory that issued it has been brought within the scheme by Order in Council, and the operative list is the Schedule to the Colonial Probates Act Application Order 1965.
Two practical consequences follow, and both catch people out.
Commonwealth membership is not the test. There is no general principle of reciprocity, and a country does not stay in the scheme simply because it was once a British territory. Several significant jurisdictions that people assume are covered are not on the Schedule. If the grant comes from a country that gained independence before the 1965 Order was made, do not assume it qualifies. Check the Schedule itself before doing anything else.
The Schedule lists territories individually, not countries. Australian states and Canadian provinces appear as separate entries, so there is no blanket entry for “Australia” or “Canada”. A grant from a listed state or province qualifies; a grant from one that is not listed does not.
Grants from the United States and from most of Europe cannot be resealed at all, because those countries have never been within the scheme.
Scotland, Northern Ireland and the Crown Dependencies
Scotland and Northern Ireland are not a resealing question, and treating them as one is a common error. Under the Administration of Estates Act 1971, a Scottish confirmation or a Northern Irish grant takes effect in England and Wales without being resealed. Nothing needs to be done to it here.
The Crown Dependencies are different again. Grants from Jersey, Guernsey and the Isle of Man are not covered by the 1965 Order and cannot be resealed. Where the deceased held assets in England and Wales, a fresh application is needed.
Who can apply to reseal?
Under rule 39 of the Non-Contentious Probate Rules 1987, an application to reseal may be made by the person to whom the foreign grant was made, or by a person authorised in writing to apply on their behalf.
That is a narrower test than the one that applies to a fresh grant, and the two are frequently confused. The rule about the person entrusted with administration by the foreign court, or the person beneficially entitled under the law of the place where the deceased died domiciled, belongs to rule 30, which governs fresh grants where the deceased died domiciled outside England and Wales. It is not the resealing test.
How to reseal a foreign grant: the key steps
The procedure is set out in rule 39 of the Non-Contentious Probate Rules 1987. The Non-Contentious Probate (Amendment) Rules 2025, which came into force on 3 November 2025, modernised several aspects of probate practice. Resealing remains a paper application and cannot be made through the online portal.
1. Confirm that resealing is available
Check the Schedule to the 1965 Order for the territory that issued the grant. If it is not listed, resealing is not available and you will need a fresh grant here instead.
2. Deal with inheritance tax
Resealing does not remove any UK inheritance tax liability. Assets situated in England and Wales are within the scope of UK inheritance tax whatever the deceased’s connection to this country, and HMRC clearance is needed before the Registry will act.
The scope of the charge changed fundamentally on 6 April 2025, and a good deal of published guidance has not caught up. Domicile was replaced as the connecting factor, not added to. The test is now whether the deceased was a long-term UK resident, meaning resident in the UK for at least 10 of the 20 tax years immediately preceding the tax year in which death occurred. Where that test is met, worldwide assets are in scope. Where it is not, only UK-situated assets are in scope, and it makes no difference that the deceased was UK-domiciled.
Domicile still matters in a few places, notably for deaths before 6 April 2025, for certain double taxation conventions, and for some settled property under transitional rules. For a death today, though, residence history is the question to ask. HMRC sets out the test at IHTM47001.
Where tax is payable on property qualifying for the instalment option, it can be paid by instalments rather than in full up front. Our overview of probate and inheritance tax and our guide to the IHT400 form cover this in more detail.
3. Gather the documents
You will need the original foreign grant or a court-sealed copy, the original will if there is one, certified translations into English of anything not in English, and the completed application with the relevant inheritance tax documentation.
Older guidance refers to a supporting affidavit. The affidavit requirement in rule 39 is a reference to the Inland Revenue affidavit, which was superseded long ago by the inheritance tax account, and the 2025 amendment rules continued the removal of affidavit requirements elsewhere in the Rules. Evidence is now given by witness statement where the Registry asks for it. If you have been told an affidavit is required, ask what it is for.
4. Submit the application by post
Paper probate applications from practitioners go to the Newcastle District Probate Registry. Resealing cannot be done online.
5. The fee
The fee for resealing is the same as the fee for a grant. The Non-Contentious Probate Fees Order 2004, as amended in July 2026, sets a fee of £526 on an application for a grant, or for resealing a grant, where the assessed value of the estate exceeds £5,000. There is no fee where the net estate is £5,000 or less. Copies cost £2 each when ordered with the application and £16 afterwards.
Because the court fee is now identical either way, any saving from resealing rather than applying afresh lies in the professional costs and the time, not in the fee. Our guide to probate costs and fees sets out the wider picture.
6. Wait for the resealed grant
Processing times vary, and paper applications generally take longer than the digital route. Once issued, the resealed grant authorises the executor to deal with the estate assets in England and Wales. Our guide to how long probate takes sets out the current published figures.
What happens if resealing is not available
If the issuing territory is not on the Schedule, a fresh application is needed. It is worth being clear about what that application produces, because it is usually not a grant of probate.
Where the deceased died domiciled outside England and Wales, rule 30 of the Non-Contentious Probate Rules 1987 ordinarily produces letters of administration with the will annexed, issued to the person entrusted with administration by the court of the place of domicile, or to the person beneficially entitled under the law of that place. A grant of probate is available in the narrower case where an executor is named in a will written in English or Welsh.
The distinction matters because the documents, the evidence and sometimes the identity of the applicant are different. Our guide to grants of representation explains the different types.
Why advice is worth taking on a cross-border estate
Resealing is procedural, but it has several points at which a wrong turn is costly. Eligibility depends on a statutory schedule rather than on intuition. The inheritance tax analysis changed in April 2025 and is easy to get wrong. Translations have to meet the Registry’s requirements. And the paper route offers less by way of correction than the online one.
A solicitor experienced in cross-border estates can confirm whether resealing is available, prepare the application and advise on the tax position. Our guide to international probate and cross-border estates covers the wider issues.
You can book a free consultation through The Probate Network with a specialist who can confirm the right route and provide a quote.
Frequently asked questions
What is the difference between resealing a grant and applying for a new one?
Resealing recognises an existing foreign grant so that it takes effect in England and Wales, without starting again. It is only available where the issuing territory is listed in the Schedule to the Colonial Probates Act Application Order 1965. If it is not listed, a fresh application is needed, and where the deceased died domiciled abroad that will usually produce letters of administration with the will annexed under rule 30 rather than a grant of probate. Since July 2026 the court fee is the same either way, so the saving is in professional costs and time.
Can I reseal a grant from India, South Africa or the United States?
Do not assume so. Eligibility depends entirely on whether the territory appears in the Schedule to the 1965 Order, and Commonwealth membership or former Commonwealth membership is not the test. The United States has never been within the scheme. Several countries that became independent before 1965 are also outside it. Check the Schedule for the specific territory before proceeding, because getting this wrong means preparing the wrong application.
Do I need to reseal a Scottish confirmation or a Northern Irish grant?
No. Under the Administration of Estates Act 1971, a confirmation issued in Scotland and a grant issued in Northern Ireland take effect in England and Wales without being resealed. This is a different mechanism from resealing and no application to the Probate Registry is needed.
Can I reseal a grant from the Channel Islands or the Isle of Man?
No. Jersey, Guernsey and the Isle of Man are not covered by the Colonial Probates Act Application Order 1965, so their grants cannot be resealed. Where the deceased held assets in England and Wales, a separate application here is required.
Does UK inheritance tax still apply if I reseal rather than apply afresh?
Yes. Resealing changes the procedure, not the tax. Assets situated in England and Wales are within the scope of UK inheritance tax regardless of which route is used. Since 6 April 2025 the scope of the charge depends on whether the deceased was a long-term UK resident, meaning resident in the UK for at least 10 of the previous 20 tax years, rather than on domicile. Where that test is met, worldwide assets are in scope.
How much does resealing cost?
The court fee is £526 where the assessed value of the estate exceeds £5,000, and there is no fee where the net estate is £5,000 or less. Copies are £2 each with the application and £16 afterwards. Professional fees are separate and depend on the complexity of the estate, the number of jurisdictions involved and whether translations are needed.
This article is for general guidance only and applies to England and Wales. It does not constitute legal, tax or financial advice. Rules, fees and thresholds can change and every estate is different. For advice on your own circumstances, speak to a qualified professional. You can book a free legal consultation through The Probate Network.
