Canada is one of the countries recognised under the Colonial Probates Act, meaning where a Canadian dies with a Canadian Will, leaving substantial assets in England and Wales, a full grant of probate application to deal with assets in the UK is not necessary. Instead, the grant of probate issued in Canada is eligible for ‘resealing’ in England and Wales.
As solicitors specialising in this area, NSS Legal can advise on the procedures involved to reseal a Canadian grant of probate.
Why Would You Need to Reseal a Grant of Probate?
A foreign grant of probate can be resealed if a deceased person has passed away outside the UK, but the owned assets in England and Wales and the jurisdiction which has granted probate falls under the Colonial Probates Act 1892.
Rather than making a new application to the UK Probate Registry in England and Wales for a grant of probate, the grant of probate can be ‘resealed’. If this is possible, resealing the foreign grant is a much more efficient and quicker process in comparison to making a new application.
Who Can Apply to Reseal a Grant of Probate?
Whether or not a grant of probate is applicable for resealing in England & Wales will depend on the jurisdiction it originated from.
Not all foreign grants of probate can be resealed in the UK. Those which can are the estates of people who died in a Commonwealth country and the Probate documents are recognised under the Colonial Probates Act 1892.
How does this work?
The Probate Registry of England and Wales can reseal foreign grants of probate and equivalent probate documents where they have been issued in a current or former Commonwealth country.
If the country is listed in the Colonial Probates Act 1892, the grant of probate can be resealed by the English Probate Registry.
Some of the countries recognised under the Colonial Probates Act include:
• Australia
• New Zealand
• Hong Kong
• Kenya
• Parts of Canada
If a country does not appear on this list, a repeat full application for a grant of probate will be required. Part of this process includes submitting the applicable inheritance tax form in full to HMRC.
As Canada is identified under the Colonial Probates Act 1892, the certificate of Appointment of Estate Trustee issued by a Canadian court is eligible for resealing in the UK.
How Do You Reseal a Grant of Probate From Canada?
The list of documents needed to reseal a Canadian grant of probate in England and Wales may include the following:
A copy of the death certificate
A certified copy will be required.
A sealed copy of probate document and the Will from the Canadian court
These will need to be sealed and certified by the local court where the original probate document was issued. The original Will is usually retained by the first court.
Detailed information of the assets
As well as a note of what assets are owned in England and Wales, other documents, such as a letter of authority and HMRC inheritance tax return will also need to be prepared and submitted as part of the application.
How can NSS Legal Help?
The initial process to reseal a grant may seem straight forward. However, complications can arise during the process, for example, if the inheritance tax form submitted is not the right one or it is incorrectly completed or if the assets in England and Wales are taxable.
NSS Legal Ltd can guide you through the resealing process, as well as providing advice on how to mitigate inheritance tax on the assets owned in England and Wales, by utilising any exemptions and reliefs which may be available. We can also assist in dealing with the onward administration and distribution of the UK estate once the probate document has been resealed.
As solicitors specialising in probate law and the administration of estates, we can guide you further on which process would be the most appropriate to administer UK assets. Please contact our team of estate and probate attorneys in North London on 020 8209 1222 for further assistance. Alternatively, you can email us at info@nsslegal.co.uk
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