Reseal of Probate in Australia
Availability of resealing in the States and Territories of Australia
Each of the 6 states and the 2 self-governing territories have own laws and rules relating to the recognition of foreign grants of probate or administration. Not all foreign grants are recognised under Australian law. If the foreign grant is not recognised under Australian law, then the resealing process is not available and a fresh application for a grant of probate or letters of administration must be made in Australia.
Generally, all states and territories throughout Australia recognise a grant of probate or letters of administration issued in by a court of any portion of “Her Majesty’s dominions” and such grants may be resealed in any other Australian state or self-governing territory listed above. Some other states have a wider application and cover other countries falling within the Commonwealth of Nations such as Canada, Malaysia and Singapore.
Resealing saves time and legal costs
Resealing is faster, requires less paperwork and incurs lower legal costs. The reason being that in the case of probate, the Australian courts accept that the Will has been proven under the foreign grant of probate, In the case of administration, the Australian courts accept the right of the administrator to administer the estate under the foreign grant of letters of administration. Therefore, resealing is an authentication of the grant issued out of a foreign court.
Can a grant obtained in an Australian state or territory be used in another State or Territory?
Australia is a federation of states and territories. A grant of probate or administration obtained in one state or territory cannot be used in another state or territory unless the grant has been resealed. For example, a deceased has real estate in both the States of New South Wales and Victoria. A grant obtained in the State of New South Wales cannot be used to transfer or sell property owned by the deceased situated in the State of Victoria unless the New South Wales grant has been resealed in Victoria. Similarly, a grant issued of the United Kingdom must be resealed in both New South Wales and Victoria in order to deal with properties held by the deceased situated in both these states.
The six states and two self-governing territories of Australia are:
|Australian Capital Territory||ACT||Canberra|
|New South Wales||NSW||Sydney|
|Australian Capital Territory|
|New South Wales|
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