RESEAL OF PROBATE IN NSW
Reseal of Probate, resealing is the process where a Grant of Probate or Letters of Administration from another country, state or territory of Australia is legally authorised and recognised by the Supreme Court of NSW. Once the original grant is resealed, it will have the same effect and operation in NSW as the original Grant
It is not uncommon for people to own assets overseas or in other states or territories of Australia in which they do not reside.
When a person dies, the executor or administrator of the deceased’s estate makes an application for a grant of probate (if the deceased died with a valid will) or a Grant of Letters of Administration (if the deceased died without a will). When issued by the Court, the grant authorises the executor or administrator to deal with the assets of the deceased’s estate.
A Grant of Probate or Letters of Administration however, is only legally effective in the jurisdiction in which it is granted. For example, if a person dies residing in QLD and a grant is obtained in QLD, assets owned by the deceased in NSW cannot be dealt with until the original grant is resealed by the Supreme Court of NSW.
Only the executors or administrators named on the original Grant can make an application for a Reseal. For executors or administrators who are not residents of Australia, they may appoint an Attorney to make an application on their behalf.
It is important to note that the Supreme Court of NSW will only recognise a Reseal made from certain limited countries. If a Grant cannot be resealed in NSW, it may be necessary to apply for a new Grant.
Depending on the complexity of the estate’s assets, the application process for resealing a Grant can be a difficult task and it is helpful to have a specialist lawyer complete the process on your behalf.
Reseal of Probate Legal Assistance
If you require assistance having a grant resealed in NSW or need to apply to obtain a new grant in NSW, contact the Sydney Probate Lawyers today on (02) 9221 2779 or by email at firstname.lastname@example.org to speak with our expert legal team.