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Reseal of Probate NSW

Reseal of Probate NSW

If you are the executor or administrator of deceased estate in another jurisdiction you may have already obtained the Grant of Probate (also called Grant of Administration, Testamentary Order or Exemplification) in the State or Country where the deceased passed away. 

It is not uncommon for people to die leaving assets in various locations, especially in circumstances where the deceased had acquired shares or investment properties during their lifetime.

Rather than proceed with a fresh application for the Grant of Probate in NSW, section 107 of the Probate and Administration Act 1898 (NSW) allows for the original Grant to be resealed with the seal of the Supreme Court of New South Wales. This is called a ‘Reseal’.

This is not so for all foreign grants as the NSW Supreme Court will only recognise Grants made in one of ‘Her Majesty’s Dominions’ (being certain Commonwealth countries). ‘Her Majesty’s Dominions’ does extend to a Grant made in another State and Territory within Australia, and so where a Grant of Probate is obtained in Western Australia (WA) , Northern Territory (NT), South Australia (SA), Queensland (QLD), Victoria (VIC), Australian Capital Territory (ACT) or Tasmania (TAS) this Grant can be resealed with the seal of the Supreme Court of New South Wales.

Why would I need to obtain a Reseal?

As the Grant of Probate is proof that the named executor or administrator is authorised to deal with the estate’s assets it is common for the asset holder (such as the bank, nursing home, share registry or Department of Lands) to require the Grant before releasing the asset. In circumstances where the Grant has first been obtained outside of NSW the asset holder may require the certainty that the Supreme Court has approved the Grant, which in itself validates the Grant made elsewhere, as can be seen below.

What is the effect of a Reseal of Probate in NSW or Reseal of Administration in NSW?   

Section 107 (2) of the Probate and Administration Act provides that when so sealed the Grant of Probate or Letters of Administration made in another State or Country shall have the same effect and same operation in New South Wales, and every executor and administrator thereunder shall perform the same duties and be subject to the same liabilities as if the Grant of Probate or Administration had been made by the Court in the first instance.  As such once resealed the foreign Grant is foreign no longer and must be accepted as if made in NSW in the first instance.  

Can I avoid the need to obtain a reseal in NSW?

Depending on the type, size and value of the asset(s) located in NSW you may be able to avoid the need to obtain the Reseal of Probate in NSW by signing a declaration and/or indemnity as required by the asset holder. Each asset holder will have their own requirements and contact should be made with proof of the original Grant and death certificate to ascertain the release requirements. In many instances shares may be released or transferred without the Grant having to be resealed in NSW provided that the Grant has been obtained within a State of Australia and provided a section 1071B statement (available for download from the share registry) is completed.

How can I obtain a reseal of Probate from another Court, State or Country in NSW?

An application for Reseal of Probate must be made in the applicable form and with the required information as set out in the legislation and rules of Court. Probate Sydney are experienced in obtaining Reseals of Probate made in a number of different States and foreign jurisdictions and are able to obtain the reseal quickly and at a fixed cost. 

All reseal applications are handled by qualified Probate solicitors and the fixed fee includes all work in order to have the Grant resealed in NSW. To get started with the application or to enquire about the costs to have Probate Sydney obtain the Reseal in NSW contact us by clicking here or calling 1300 4 PROBATE (1300 477 622).

Reseal of Probate for Interstate Solicitors, Lawyers and Law Firms.

If you are an interstate practitioner and require a reseal of Probate, click here for further information.

If you would like to receive a fee proposal from Probate Sydney for obtaining the Reseal of Probate in NSW please feel free to contact us by clicking here or calling on 1300 4 PROBATE (1300 477 622).

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