Probate in England and Wales for Foreign-Domiciled Individuals: How to Obtain a Grant of Representation

10 September 2026

When an individual who was domiciled outside of England and Wales dies owning assets in England and Wales, it may be necessary to obtain a Grant of Representation from the Probate Registry before those assets can be collected or transferred.

The process can be considerably more complex than a domestic probate application, particularly where the deceased’s home jurisdiction does not issue probate documents that are readily recognised by the Probate Registry.

What is a Grant of Representation?

A Grant of Representation is a legal document issued by the Probate Registry which confirms who has authority to administer a deceased person’s estate in England and Wales.

Where the deceased was domiciled abroad, the Probate Registry requires evidence of who is entitled to administer the estate under the law of the deceased’s domicile.

Resealing Foreign Grants

In certain circumstances, a foreign Grant of Probate (or equivalent document) can be ‘resealed’ in England and Wales rather than requiring a completely new application.

Resealing allows a grant issued by a recognised foreign court to be treated as if it had been issued by the courts of England and Wales.

Eligible Jurisdictions

Resealing is only generally available for grants issued in several Commonwealth countries and certain former British territories. Examples include Australia, New Zealand, Hong Kong, Singapore and South Africa.

Process where resealing is not available

Where resealing is not available, the procedure will depend on whether the deceased left a Will and whether that Will can be used as admissible proof in England and Wales.

If there is a Will, the applicant will generally need to provide an official copy of the Will, together with a certified translation where necessary, and evidence to establish the validity of the Will in England and Wales.

If there is not a Will, the applicant will generally need to provide evidence of the applicable foreign succession law and the applicant’s entitlement to administer the estate.

Inheritance Tax Considerations

The deceased’s foreign domicile does not necessarily prevent UK Inheritance Tax arising. UK assets may be subject to UK Inheritance Tax, and therefore it is important to consider the nature of the deceased’s UK assets at an early stage.

Practical Considerations

Applications involving foreign domiciled individuals can take longer because the Probate Registry may require evidence of foreign law or succession, and so obtaining the relevant documents and legal advice at an early stage can help avoid delays.

Where a deceased individual was domiciled abroad but held assets in England and Wales, specialist advice may be required to determine the appropriate probate procedure and any UK tax obligations. Early consideration of whether a foreign grant can be resealed and of the evidence required to establish entitlement to administer the estate, can help ensure the administration proceeds efficiently.

Please do not hesitate to get in touch with the Carter Lemon Camerons LLP Private Client department today by emailing christinamatjilla@cartercamerons.com