How do I get Probate in England for someone domiciled overseas?
Purely Probate provides an estate administration advisory service to the executors, beneficiaries, accountants and financial institutions when a British national dies while living outside of Britain.
Confusingly British people often refer to Britain as “the UK” (United Kingdom) so both the term “Britain” and “the UK” are used here.
Many people are leaving Britain to live on sunnier shores, but keep a rainy day fund in the UK. Other people have ties to Britain and have some assets here. This has led to an increase in demand for legal advice about how to release the UK assets when someone dies domiciled outside the UK.
Unless the value is very low it is not possible to release the assets until Probate (in the case of a Will) or Letters of Administration (where there is no Will) has been obtained from the Probate Court in Britain.
If the deceased lived in the Commonwealth the Personal Representatives will need to reseal the Commonwealth country’s Probate or Letters of Administration in the UK Probate Courts. Once it has been resealed the UK assets can be released.
If the deceased died in a non-Commonwealth country leaving a Will covering his UK or worldwide assets an application for Probate can be made in the UK. Among other things the UK court will need to see an affidavit of law by a Notary Public of the country where the deceased lived, saying who is entitled to the estate under the law of the deceased’s home country.
If there is no Will a Grant of Letters of Administration can be sought through the UK Probate Court, following a similar process.
If you are dealing with the estate of someone who lived abroad, but had assets in the UK contact Purely Probate for a fixed price quote for obtaining Probate in England.
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