Is It Possible To Reseal Probate in Spain?

When someone who was not living permanently in the UK dies with assets in the UK, the heirs will need a Grant of Probate.

Grant of Probate is a document that shows that the executor has the authority to administer the deceased person’s assets, and it has to be sealed by the Probate Registry.

This sealed characteristic leads us to the resealing concept. When the deceased was from a commonwealth country, the Grant of Probate can be resealed; however, the resealed is not possible with documents from countries that, like Spain, do not belong to the commonwealth.

Therefore, when the deceased was residing in Spain, the heirs will need a new English grant will to release the assets in the UK. In order to get it, the Probate Registry will ask the heirs to:

  1. Show evidence of the deceased: It can be obtained by affidavit, witness statement, or notarial certificate or act as appropriate and available (Rule 30 of the Non-Contentious Probate Rules).
  2. The person applying for the grant is entitled to do so in the country where the deceased was domiciled: It can be obtained by affidavit, a certificate by, or an act before, a notary practising in the country or territory concerned (Rule 19 of the Non-Contentious Probate Rules).

The easiest way to provide such evidence is to present a Spanish will. Making a will in Spain is not expensive and facilitates the probate process in both countries.

If it is too late and there is not a will, the grant can be issued to the person beneficially entitled to the estate by the law of the place (Rule 30 of the Non-Contentious Probate Rules). In the case of someone domiciled in Spain, this means that such person will be a descendant or, if they do not exist an ascendant, but not the partner of the deceased. 

However, there is an exception that could make things much easier for many cases. According to Rule 30 mentioned above, if the whole or substantially the whole of the estate in England and Wales consists of immovable property, a grant may be made in accordance with the law that would have been applicable if the deceased was domiciled in England and Wales.

If you need help making a will in the UK or Spain or obtaining a Grant of Probate, do not hesitate to contact us.

When someone who was not living permanently in the UK dies with assets in the UK, the heirs will need a Grant of Probate.

Grant of Probate is a document that shows that the executor has the authority to administer the deceased person’s assets, and it has to be sealed by the Probate Registry.

This sealed characteristic leads us to the resealing concept. When the deceased was from a commonwealth country, the Grant of Probate can be resealed; however, the resealed is not possible with documents from countries that, like Spain, do not belong to the commonwealth.

Therefore, when the deceased was residing in Spain, the heirs will need a new English grant will to release the assets in the UK. In order to get it, the Probate Registry will ask the heirs to:

  1. Show evidence of the deceased: It can be obtained by affidavit, witness statement, or notarial certificate or act as appropriate and available (Rule 30 of the Non-Contentious Probate Rules).
  2. The person applying for the grant is entitled to do so in the country where the deceased was domiciled: It can be obtained by affidavit, a certificate by, or an act before, a notary practising in the country or territory concerned (Rule 19 of the Non-Contentious Probate Rules).

The easiest way to provide such evidence is to present a Spanish will. Making a will in Spain is not expensive and facilitates the probate process in both countries.

If it is too late and there is not a will, the grant can be issued to the person beneficially entitled to the estate by the law of the place (Rule 30 of the Non-Contentious Probate Rules). In the case of someone domiciled in Spain, this means that such person will be a descendant or, if they do not exist an ascendant, but not the partner of the deceased. 

However, there is an exception that could make things much easier for many cases. According to Rule 30 mentioned above, if the whole or substantially the whole of the estate in England and Wales consists of immovable property, a grant may be made in accordance with the law that would have been applicable if the deceased was domiciled in England and Wales.

If you need help making a will in the UK or Spain or obtaining a Grant of Probate, do not hesitate to contact us.

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