Legal Question in Wills and Trusts in Canada

Getting a British seal with Scottish confirmation on a Canadian probated will

How do you go about getting a British seal, with Scottish confirmation, for a Canadian probated will (B.C.)?


Asked on 7/28/03, 3:14 am

1 Answer from Attorneys

Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: Getting a British seal with Scottish confirmation on a Canadian probated wil

This sounds as though there are assets of an estate in Scotland which must be administered--probably land or an interest in land. A grant of Probate from Canada will be resealed by a court in the British Isles if you produce a certified copy of the BC grant together with a Certificate of Full Force and Effect from BC which essentially states that the BC Grant has not been revoked or modified from the original and the execution of the underlying will complies with the rules of the jurisdiction in which the land is located and any other rule of that jurisdiction requiring disclosure and value of the property is met. You need a lawyer in the place where the Grant will be used to apply for the authority. These are a bit tricky to do on your own.

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Answered on 7/28/03, 8:16 am


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