Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Probate definition

What does Probate mean? Probate is the court process for proving a will and giving legal authority to deal with a deceased person’s estate. In practice it confirms who may collect assets, pay debts and distribute to beneficiaries. The term is descriptive rather than a single defined statutory concept; procedures are set by legislation and probate rules in each jurisdiction. England and Wales: the executor applies for a grant of probate; on intestacy or where no executor can act, an administrator seeks letters of administration. Both are grants of representation issued by the Probate Registry (HMCTS) under the Senior Courts Act 1981 and the Non‑Contentious...

Non-domiciled estates: grants of representation in England and Wales under NCPR r 30—foreign wills, evidence of law, immovable property, attorneys, and application steps

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Practice notes

Practitioners should be mindful of several factors when dealing with an estate where the deceased was domiciled overseas and/or held assets abroad, particularly the effect of foreign domicile on the succession of the estate. For more detail, see: Cross-border estates—overview.

This Practice Note sets out the process for seeking a grant of representation in England and Wales where the deceased was domiciled abroad. While domicile has long mattered for UK inheritance tax (IHT), the shift to a residence-based IHT regime and the approach to excluded property from 6 April 2025 do not change the ongoing significance of an individual’s domicile for succession to the estate and for entitlement to a grant of probate. See: Domicile of individuals—overview.

Deceased domiciled outside England and Wales

Where the deceased died domiciled outside this jurisdiction but owned assets here, a grant in England and Wales will be needed to administer those assets, unless:

the Colonial probates Acts 1892 and 1927 apply, or
the deceased was domiciled in Scotland or Northern Ireland

Entitlement to the grant is determined by rule 30 of the Non-Contentious Probate...

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Web page updated on 21/05/2026

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