When an estate has an international dimension - overseas property, foreign bank accounts, beneficiaries in another country, or assets held abroad - UK probate documents will almost certainly need to be apostilled before foreign institutions will act on them. The starting point is understanding that a Last Will and Testament and a Grant of Probate are two distinct documents with different legal functions, and each has its own set of requirements for legalisation.
The Will: a statement of intention
A Last Will and Testament is the document in which a person sets out how they wish their estate to be distributed. For legalisation purposes, the FCDO accepts a Will in three formats: an original Will that was witnessed in the UK by a solicitor or Notary Public and certified; a court-deposited copy bearing a wet-ink signature or seal from a court officer; or a copy or printout certified by a UK solicitor or Notary Public. A Will that was not witnessed, a draft Will, an uncertified photocopy and a scanned PDF without formal certification are all rejected. The FCDO authenticates the wet-ink signature, seal or stamp on whichever format is submitted.
The Grant of Probate: a court authority
A Grant of Probate is different in nature - it is a court-issued document confirming who has legal authority to administer the deceased's estate. Because it originates from the Probate Registry, the format rules differ slightly. The FCDO accepts: an original court document stamped, sealed by the court, or signed in wet-ink by an authorised official; an original document issued by the Probate Registry without a stamp or seal certified by a UK solicitor or Notary Public; or a photocopy or printout certified by a UK solicitor or Notary Public. The same principle applies - the FCDO authenticates the wet-ink signature, seal or stamp present on whichever format is used.
Why overseas institutions require these documents
Foreign banks, land registries, investment institutions and courts need legalised probate documents to release or transfer assets held in their jurisdiction. Common situations include accessing overseas bank accounts, transferring or selling foreign property, handling overseas investment portfolios, completing inheritance procedures in another country, and appointing foreign legal representatives or executors.
Non-Hague destinations
For Hague Convention member countries, the apostille is the final step. For countries outside the Convention embassy attestation is required after the apostille. Timelines and costs vary by country. Call our team on +44 (0) 204 630 7500 to confirm what is needed and manage the full process.