When dealing with the estate of someone who owned assets in Gibraltar, to administer the Gibraltar estate you must either obtain a Grant of Probate in Gibraltar or make an application for the grant to be ‘resealed’, to allow the assets to be transferred to the beneficiaries or sold.
As Gibraltar is a British overseas territory, thanks to the Colonial Probates Act, it can be easier and cheaper to obtain a ‘reseal’ of the UK Grant of Probate, or indeed a Grant of Probate issued in another Commonwealth country, as opposed to obtaining a separate Grant of Probate in Gibraltar. But what does this mean?
A Grant of Probate is a legal document that may be required to administer the estate of someone who has died. ‘Resealing’ a Grant of Probate essentially means that the courts in Gibraltar will recognise the Grant of Probate (or equivalent document issued in another country), therefore reducing the duplication of administration and the amount of the associated legal costs.
If you’re a solicitor, executor or administrator dealing with an estate of someone who owned assets in Gibraltar, whether it’s land/property in Gibraltar, cash in a Gibraltar bank account or shares in a Gibraltar company, Worldwide Lawyers can assist.
Contact our team for a FREE no–obligation discussion about how to deal with assets in Gibraltar. Contact us on 01244 470 339 or at firstname.lastname@example.org.
FAQs about ‘resealing’ a Grant of Probate in Gibraltar
Do I need a lawyer in Gibraltar to re-seal a Grant of Probate?
It’s unlikely that your local solicitor will able to assist with a ‘reseal’ of Grant of Probate in Gibraltar, unless they have experience of the process to ‘reseal’ the Grant of Probate in Gibraltar. The process requires an understanding of the local law and compliance with procedures specific to Gibraltar. Therefore, most people will need to instruct a lawyer in Gibraltar who has experience of this process to reseal the Grant of Probate.
A suitably qualified and experienced solicitor in Gibraltar will also be able to arrange for the assets in Gibraltar to be sold or transferred to the beneficiaries.
Worldwide Lawyers can put you in touch with a lawyer in Gibraltar who can assist with ‘resealing’ a Grant of Probate in Gibraltar. Call our team on 01244 470 339 or email email@example.com.
Will a Grant of Letters of Administration be recognised in Gibraltar and can it be re-sealed?
If the deceased person did not have a will when they died, the person authorised to deal with the estate – usually the next of kin – will obtain a document called a Grant of Letters of Administration instead of a Grant of Probate. If there is a will that person will be known as an executor, if there is not a will they will be known as the administrator.
Both a Grant of Probate and a Grant of Letters of Administration can be resealed in Gibraltar.
Do you always need to obtain a resealed Grant of Probate to deal with assets in Gibraltar?
Whether you need to obtain a reseal of a Grant of Probate depends on the value of the assets and what the estate comprises. It will depend on the requirements of the institution such as the bank or investment company holding the funds in Gibraltar as to whether a Grant or resealed Grant will be required. Even if the estate is of low value, if it contains stocks and shares and/or property a ‘resealed’ Grant of Probate will usually be required.
If you are an executor, administrator or lawyer dealing with an estate where there are assets located in Gibraltar contact Worldwide Lawyers on 01244 470 339 or at firstname.lastname@example.org. We can provide you with some FREE initial guidance and also put you in touch with an experienced lawyer in Gibraltar who can assist in obtaining the ‘resealed’ Grant of Probate in Gibraltar.
Our recommended lawyers are also able to help you arrange for the assets located in Gibraltar to be sold or transferred to the beneficiaries of the estate as required.