Resealing probate

If you have obtained Letters of Executorship in South Africa it is possible to arrange for it to be resealed in the UK, as a very expedient and cost effective alternative to proving the Will in the UK probate courts.

The arrangement is conducted under the Colonial Probates Act, which makes provision for probate obtained in a former Commonwealth nation to be recognised in the UK.

Applications ordinarily take between three to five weeks and once completed assets in the UK can be released.

If the deceased was born or ever lived in the UK, a full form of Inland Revenue Account must be lodged together with a Statement of Domicile; if not, then a short form only need be submitted.

At Carter Lemon Camerons, our experienced Private Client team in London can provide expert advice to executors, administrators or attorneys on the resealing process.

We can advise as to the documents that will be required to make an application, assist at every stage of the process and make you aware of any Inheritance Tax (IHT) implications.

At Carter Lemon Camerons, our experienced team of solicitors is available to provide English law services to clients in South Africa. Our head of litigation and arbitration, Seamus Smyth, graduated and qualified as an attorney in South Africa and has for many years maintained a close working relationship with South Africa’s legal profession.  He receives referrals and instructions from South African clients direct and from attorneys throughout South Africa, large and small, on behalf of clients who need assistance with an English matter. Seamus Smyth visits South Africa regularly and welcomes the opportunity to meet clients and attorneys face to face (with a preference, at the weekend, for meeting on a golf course!).  When asked he will deliver a short, light-hearted overview of the ins and outs for South Africans of instructing English solicitors.