Resealing A Grant Of Probate In Cyprus – The Probates (Re-Sealing) Law (Cap. 192)

1. What is resealing?

Resealing is a legal procedure under the Probates (Re-Sealing) Law, Cap. 192 (hereinafter called as the «Law»), by which a Grant of Probate issued in the United Kingdom and certain Commonwealth jurisdictions is formally recognised by the Cyprus Courts. Once resealed, the foreign grant is given the same legal effect in Cyprus as if it had been issued by a Cyprus court. This enables the executor or administrator of the estate as recognised by the issued Grant of Probate to lawfully administer and distribute assets situated in Cyprus, including immovable property, bank accounts, and other estate assets avoiding the need to commence a separate and full probate application in Cyprus.

2. When is Resealing required?

Resealing process is typically performed when:

• The deceased was domiciled in the United Kingdom (and certain Commonwealth jurisdictions) but owned assets in Cyprus,
• A UK Grant of Probate or Letters of Administration has already been issued by the competent UK or Commonwealth Court,
• The executor needs to manage or transfer Cyprus-based assets.

Without resealing, the issued Grant of Probate or Letters of Administration alone have no legal effect in Cyprus. Although requirements may vary depending on the case and court, the Cyprus courts require a list of documents which must be provided in certain form and are mandatory to proceed with the procedure such as, amongst others, a Certified copy of the UK Grant of Probate (or Letters of Administration), Original death certificate, true Copy of the deceased’s Will (if existent) and a Power of Attorney, authorising a person in Cyprus be appointed as a personal representative of the executor or administrator as appointed by the UK or Commonwealth Court. It is noted that the above-mentioned documents shall be duly legalised by apostilled in order to be admissible to the Court. Τhe Cyprus court retains discretion and must be satisfied that all legal requirements are met before approving the application.

3. How it is done in practice?

As the process is procedural in nature and requires practical expertise in preparing the application, collecting the supporting documentation, and handling appearances before the Cyprus District Courts and court registrars, in the majority of the cases a local lawyer is 2 appointed through a power of attorney to manage the proceedings on behalf of the executor or administrator.

4. Legal effect of Resealing

Once resealed, the executor acquires full legal authority in Cyprus to administer the estate, including the power to transfer immovable property, access and close bank accounts, sell or otherwise dispose assets, and complete the distribution of the estate locally. The resealed grant is treated for all legal purposes as if it had been originally issued by a Cyprus District Court.

5. Timeframe

The resealing process is generally more efficient and faster than initiating a probate application in Cyprus. However, the overall timeframe may vary depending on several factors, including the completeness and accuracy of the submitted documentation, the complexity of the estate and the time required to obtain tax clearance for all assets in Cyprus held by the deceased at the time of death.

6. Conclusion

In conclusion, resealing a Grant of Probate in Cyprus provides an efficient way to administer estates with assets in the relevant jurisdictions, reducing the need for separate and often lengthy probate proceedings. While the process offers significant practical advantages in terms of speed and administrative simplicity, it is subject to important limitations, including eligibility requirements or the potential need for parallel probate where a separate Cyprus will exist. Overall, when applicable, resealing serves as a valuable legal mechanism that facilitates smoother cross-border estate administration while still ensuring compliance with Cypriot legal requirements.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.