Resealing a Grant of Probate Overseas: Commonwealth Countries Guide
If the deceased owned assets in Australia, New Zealand, Singapore, South Africa, or another Commonwealth country, you can usually “reseal” the English grant of probate there — avoiding a completely separate probate application. Here is how it works.
Resealing vs Fresh Foreign Grant: At a Glance
| Route | Typical time | Typical cost | Available in |
|---|---|---|---|
| Reseal English grant | 2–8 weeks | Local court fee + solicitor (typically £500–£2,500 total) | Most Commonwealth countries |
| Fresh foreign grant (ancillary probate) | 3–12 months | Full local probate costs (£2,000–£10,000+) | All jurisdictions, required for non-Commonwealth |
| No action needed | N/A | Nil | Nominee accounts, jointly-held assets with right of survivorship, assets below local threshold |
Country-by-Country Guide
Australia — Resealing accepted
Supreme Court of each state/territory
Sealed office copy of English grant + affidavit. Fees AUD$400–$2,500 by value. 2–6 weeks per state.
New Zealand — Resealing accepted
High Court (Family Court)
Certified copy of grant + NZ Form. Fees NZD$200+. 2–4 weeks.
Singapore — Resealing accepted
Family Justice Courts
Requires notarised copy + supporting affidavit. 3–6 weeks.
Malaysia — Resealing accepted
High Court
Resealing available. Check with local solicitor for current procedure.
South Africa — Resealing accepted
High Court (Magistrate for small estates)
Master of the High Court handles resealing. Affidavit of assets required.
Canada — Resealing accepted
Varies by province
Most provinces accept resealing — but Ontario may require ancillary grant; Québec (civil law province) requires notarial succession procedure. Always confirm locally.
USA — Fresh grant required
N/A — fresh grant required
USA is not a Commonwealth jurisdiction. Apply for ancillary probate in each US state where assets are held. Process and fees vary enormously by state.
France, Spain, Italy, Germany — Fresh grant required
N/A — local notarial/court procedure
EU succession procedure applies. Brussels IV may allow election of English law for succession but local notarial procedure is mandatory for property transfers.
UAE, India, Pakistan — Fresh grant required
N/A — local procedure required
Letters of succession or equivalent required. Local lawyers essential. Process can take 6–24 months.
Step-by-Step: Resealing in Australia (Most Common)
Obtain sealed office copies of the English grant
Order at least 2–3 extra sealed copies when applying for probate in England. Cost: approximately £1.50 per copy. You will need one sealed copy per state where Australian assets are held.
Identify the relevant Australian state Supreme Court
Each Australian state and territory has its own Supreme Court probate registry. File the resealing application in the state where the assets are located (e.g. Victoria for Melbourne property, NSW for Sydney assets).
Prepare the application
Typically requires: sealed English grant; affidavit by the executor confirming the grant is still in force and assets held in the state; schedule of Australian assets; filing fee (based on asset value).
Lodge at the Supreme Court registry
File in person or through a local Australian solicitor. Many executors appoint an Australian solicitor for this stage even if handling the English administration themselves.
Receive the resealed grant
The Supreme Court reseals the English grant — usually 2–6 weeks from filing. The resealed grant has the same legal effect as a grant issued by the Australian court.
Use the resealed grant to deal with Australian assets
Present the resealed grant to Australian banks, share registrars, and the Land Titles Office to transfer or realise assets. Convert proceeds and remit to the English estate account.
Frequently Asked Questions
What is resealing and how does it differ from applying for a foreign grant?
When an English court issues a grant of probate or letters of administration, that grant has legal effect only in England and Wales. To deal with assets in another jurisdiction, executors face two routes: (1) Resealing — the foreign court or registry 'reseals' (officially endorses) the English grant, giving it domestic legal effect without a fresh grant procedure. This is quicker and cheaper than option 2. (2) Applying for a separate local grant — the executor applies from scratch in the foreign jurisdiction using the English will as the governing document. This is necessary when the foreign country is not a Commonwealth jurisdiction or has not adopted the resealing procedure. Resealing is only available in countries that are parties to the Colonial Probates Act 1892 (as extended) or have equivalent domestic legislation permitting recognition of English grants.
Which countries accept resealing of an English grant?
Resealing is available in most Commonwealth countries. Key jurisdictions: Australia (all states and territories — each state has its own Supreme Court procedure); New Zealand (High Court); Singapore (Family Justice Courts); Malaysia; Hong Kong; South Africa; Zimbabwe; Botswana; Namibia; Kenya; Ghana; Nigeria (Lagos and other states); Jamaica; Barbados; Trinidad & Tobago; Canada (most provinces, though Ontario and Quebec may require fresh grants). Note: each jurisdiction's exact procedure, fees, and time to reseal vary. Always confirm with a local probate lawyer before relying on this list — rules change. Non-Commonwealth countries (USA, France, Germany, Spain, Italy, most of Asia excluding Commonwealth states) do NOT accept resealing — a fresh local grant is required.
What is the procedure for resealing in Australia?
Australia is the most common destination for resealing. The procedure (which varies slightly by state): (1) Obtain a sealed office copy of the English grant from HMCTS Probate Registry — order additional sealed copies when applying for probate, as they are needed for resealing; (2) Prepare an affidavit or supporting documents for the Supreme Court of the relevant Australian state (the state where the assets are located — e.g. Victoria, New South Wales, Queensland); (3) File the application at the Supreme Court probate registry — the original English grant is lodged (or a certified copy in some states); (4) Pay the filing fee (varies by estate value — typically AUD$400-$2,500 depending on asset value); (5) The court issues a resealed grant, usually within 2-6 weeks; (6) Use the resealed grant to deal with Australian assets. Note: Australian estate laws still apply to the resealed grant — if there are Inheritance (Family Provision) Act 1975 equivalent claims in Australia, they may be brought against Australian assets even if the English administration is otherwise straightforward.
When is a fresh foreign grant required instead of resealing?
A fresh foreign grant is required when: (1) The foreign jurisdiction is not a Commonwealth country and does not accept resealing (e.g. USA, France, Germany, Spain, UAE, Hong Kong under some circumstances); (2) The foreign jurisdiction is a Commonwealth country but has specific requirements that make a fresh grant easier (e.g. some Canadian provinces for Québec assets); (3) There are disputes about the will's validity in the foreign jurisdiction — a resealing does not prevent local challenges and may be refused if the grant is being contested; (4) The foreign jurisdiction has forced heirship rules that conflict with the English will — in these cases the local court may require a fresh application applying local law rather than accepting the English distribution. For non-Commonwealth countries with significant estate assets, appoint a local probate attorney early — some jurisdictions (e.g. France, Spain, Italy) have their own notarial procedures that are entirely separate from the English probate process.
How does the executor obtain a sealed copy of the English grant for overseas use?
When applying for probate in England and Wales, the executor should order multiple sealed office copies of the grant (HMCTS provides them at a small fee per copy — approximately £1.50 per copy beyond the first). These sealed copies are required for: resealing applications in Commonwealth countries; banks, share registrars, and land registries in those countries; and for the HMCTS Probate Registry's own records. If a sealed copy is lost or additional copies are needed after the grant has issued, the executor can apply to the Probate Registry for further sealed copies at any time. Note: photocopies of sealed grants are not accepted for resealing — only official sealed copies from HMCTS Probate Registry. For Commonwealth countries requiring an apostille (a Hague Convention authentication), apply to the Foreign, Commonwealth & Development Office (FCDO) after obtaining the sealed copy.
Overseas Assets Start with a Valid English Will
Your English will and grant of probate are the foundation for any overseas asset administration. The WillSafe kit provides a properly executed will from £19.97 for England and Wales — the starting point for resealing applications in Commonwealth countries.