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Resealing Probate What You Need to Know Before You Try

October 24, 2019 By Richard Farrell

A grant of probate allows an executor to wind up a specific estate in a particular country. Many of Britain’s dominions and colonies adopted the legal principles of ‘their old country’ as they evolved to full legal independence.

Resealing makes it potentially easier for executors to deal with assets in more than one commonwealth country. In simple terms, resealing probate involves having a court in another jurisdiction confirm the validity of the executorship in the country which granted it.

We found no historic evidence of where the term ‘resealing probate’ comes from, but we can surmise. In olden days courts affixed wax seals to documents declaring them official. So we assume including an additional jurisdiction would require another seal. What do you think?

Let’s Use a Practical Example to Understand the Process

Let’s imagine an Australian person passes away in England and leaves a legal will signed there. Their executor obtains a grant of probate and all is going well. That is, until their executor discovers the Australian had a bank account in Perth, Western Australia, and shares in a Perth company that is not listed on the UK stock exchange.

The executor needs to liquidate those assets in accordance with the will, and share the proceeds among several UK charities. However, neither the bank nor the stock exchange recognizes their authority under their UK probate. To add to their woes, there can only be one grant of probate per deceased estate.

A Drum Roll for Australian Law Coming to the Rescue

A grant of probate by a foreign court may not summarily be used to administer assets of a deceased estate in Australia, according to Robertson Hayles Lawyers in Perth. However, an Australian court may validate the foreign probate for use in that country.

If the Australian court ‘reseals’ the foreign probate, then that instrument can be used to collect, transfer and distribute the assets of the deceased held in Australia. Each territory and state there has its own rules. However, all recognise probates and letters of administration issued by courts in “Her Majesty’s Dominions”.

Britain allows a similar process in terms of the UK Colonial Probates Act of 1892. This “provides for the recognition by courts in the United Kingdom of Probates and Letters of Administration granted by courts in those countries or territories in the Commonwealth to which the Act has been applied by Order in Council”.

How to Go About Applying for a Reseal of Probate

An administrator / executor under a will, or appointed by a court may apply, as also may a beneficiary of the estate in the domicile of the deceased. In our example they would lodge their application with the probate court in Perth, Western Australia.

After the Western Australia court resealed the UK probate, the executor could then liquidate the bank account in Perth, and the shares in the Australian company. Resealing probate is as simple as that in theory, and as complicated as the law sometimes makes it in practice.

Related

Filed Under: Probate Valuation Tagged With: australian probate law, commonwealth countries and probate law, house contents valuation for probate, probate contents valuation, resealing probate

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We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
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  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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Dec 3, 2021
 by Jenny Schon on Avery Associates
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