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Resealing Foreign Grants: How can we help?

estates probate Feb 26, 2020

We regularly act for lawyers and clients throughout the world. We have completed Canadian Probate applications from Thailand, United Kingdom, Germany, Spain, Texas, Hawaii, New York, North Dakota, and recently handled an estate in Scotland that had a resealing issue.

Our office can be appointed to act as the executors' agent and to call in the assets of the estate and wire the proceeds to beneficiaries. The most recent Scottish Estate application we handled took almost 12 months and cost the Scottish executor $6000.00 CDN. 

We were asked recently about handling a Thai estate. Given that the deceased was a Thailand resident, I would expect that this application would take about a year to obtain and that there would be several packages that would need to be couriered between our respective countries to get the appropriate signatures. 

By way of background, Thailand has to very different rules when it comes to the probate of an estate and cannot easily be resealed in Canada. The Grant from Thailand cannot be resealed in Canada. To access the assets, an entirely new application would need to be made in Canada for Probate. Typically the Canadian courts will require a court sealed and certified copy of the Thailand probate documents issued in Thailand (along with an applicable translation).  The grant I typically issued to the executor who was appointed by the Thai courts; however, we would be prepared to act on your behalf once a power of attorney had been signed.

To prepare the application, we would need the following document:

  1. Certified death certificate;
  2. Original or court-certified copy of the Grant of Probate or Letters of Administration;
  3. Details of the Canadian Assets including bank account numbers, addresses and an estimate of their value. Bank statements or share certificates would be much appreciated;
  4. Two pieces of identification for yourself, one which is government-issued photo identification; and
  5. A signed retainer letter and a retainer for $5000.00 Canadian.

We have undertaken numerous probate reseals throughout Canada. With a focus on handling probate applications in Alberta, we operate throughout Canada and abroad, and regularly assist foreign executors, lawyers, attorneys, and lay clients with resealing applications in Canada. Estate Connection Law Office also periodically advises on contested probate disputes.

If you need help collecting Canadian estate assets, please e-mail [email protected] or telephone (780) 458-8228. Remember we are here to help!

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