International estate administration often involves far more than obtaining probate in the deceased’s home jurisdiction.
This case demonstrates how administering an overseas shareholding required more than two years of coordination between UK solicitors, Hong Kong legal advisers, registrars, stockbrokers and the executors before the shares were in a position to be sold.
The background
In early 2024, Share Data was instructed to assist with an estate that included shares in a company listed in Hong Kong.
Although the estate had obtained a UK grant of probate, the Hong Kong registrar would not recognise the executors’ authority until the grant had been formally resealed by the High Court of Hong Kong.
Because the shareholding could not be sold until the legal and administrative requirements in Hong Kong had been satisfied, Share Data was instructed to coordinate the process.
Stage one – resealing the UK grant in Hong Kong
Working alongside the estate solicitors in the UK and legal advisers in Hong Kong, Share Data coordinated the documentation required for the resealing application.
The process involved:
- obtaining certified copies of the UK grant and will
- completing Hong Kong client due diligence requirements
- arranging certified identification for the executors
- preparing Hong Kong court affidavits and schedules of assets
- obtaining additional supporting documents, including the deceased’s passport and death certificate
- arranging for the death certificate to be authenticated by apostille after confirmation that the Hong Kong Court required authentication of the foreign public document.
As the application progressed, further information was requested, including the deceased’s marital status and the executors’ occupations.
Even relatively minor drafting points required attention. For example, the wording used to describe the executors’ occupations was amended following advice from the Hong Kong legal advisers to reduce the likelihood of the Court requesting additional supporting evidence. Later, a small inconsistency in the way the signing date appeared on two court forms had to be corrected before the documents were refiled.
Following submission of the final documents, the High Court of Hong Kong issued the resealed Grant of Probate in 2025.
Stage two – registering the grant
Obtaining the resealed grant did not complete the administration.
Before the shares could be sold, the resealed grant had to be registered with the company’s Hong Kong registrar.
This stage generated further requirements, including:
- Letters of authority
- specimen signature forms
- registrar fees
- original share certificates
- additional identification requirements
- courier delivery of original documentation.
Several administrative issues also arose during registration. These included correcting witness details on specimen signature forms, resolving payment discrepancies relating to registrar fees and obtaining confirmation that revised documentation satisfied the registrar’s requirements before original documents were couriered internationally.
Throughout this process, Share Data acted as the central point of contact between the executors, the UK solicitors, the Hong Kong registrar and the Hong Kong legal advisers.
Stage three – unexpected further requirements
Once registration was underway, another issue emerged.
Initial guidance suggested that the existing share certificates could remain in the deceased’s name and the shares could proceed directly to sale. However, after further discussions between the stockbroker and its Hong Kong sub-custodian, it became clear that the certificates first had to be re-registered in the executors’ names.
This resulted in a further series of requirements, including:
- returning the original share certificates
- preparing and signing a Letter of Request
- confirming the denomination of the replacement certificate
- paying additional registrar charges
- completing a Request for Certificate Mailing Services
- completing a Change of Address form
- corresponding further with the Hong Kong registrar before the original signed documents could be submitted.
Following completion of these requirements, the registrar issued a new share certificate in the names of the executors.
Outcome
By mid-2026:
- the UK grant had been successfully resealed in Hong Kong
- the resealed grant had been registered with the Hong Kong registrar
- the shareholding had been transferred into the executors’ names
- a replacement Hong Kong share certificate had been issued
- the new certificate had been forwarded to the stockbroker, enabling the sale process to continue.
Key takeaway
Obtaining a foreign grant reseal is often only one part of administering an overseas asset.
For executors and professional advisers, overseas shareholdings can involve significantly more administration than expected, particularly where several organisations across different jurisdictions must coordinate each stage of the process.
Share Data supports executors and professional advisers with the practical steps involved in administering and selling UK and overseas shareholdings. If you require assistance with an estate involving international securities, please contact our team.
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This article was submitted by ShareData as part of an advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the advertiser and not those of Today’s Wills and Probate.
