Introduction
With the increasing prevalence of individuals owning assets either interstate and/or overseas, it is becoming more common that a grant of representation (i.e. Grant of Probate or Letters of Administration) will be required in more than one State, Territory or Country.
A grant of representation made by a court outside of Victoria does not automatically carry the same authority to deal with assets situated in Victoria compared to a grant that is made in Victoria. However, the Administration and Probate Act 1958 (Vic) (‘Act’) provides for the acceptance of grants of representation made interstate and in specific overseas jurisdictions. This process is known as resealing.
Can I reseal Probate?
The Supreme Court of Victoria may reseal grants of representation made by “…any competent jurisdiction in the United Kingdom or in any of the Australasian States or … a court of competent jurisdiction in a country specified in a proclamation in force under Section 88” of the Act. “Australasian States” are defined in the Act to include all States and Territories of Australia, New Zealand, Fiji and any other British Colony.
The countries specified in the most recent proclamation in force (made in 1973), include the following countries:
- Hong Kong,
- Malaysia,
- Singapore,
- Kenya,
- Gibraltar,
- Guyana,
- Papua New Guinea, and
- some Canadian provinces (Alberta, British Columbia, Manitoba, Nova Scotia, Ontario and Saskatchewan).
Once a reseal of the foreign grant of representation has been approved, it will be as effective as if the original grant of representation had been obtained in Victoria, thus allowing the executor (or administrator) to deal with all assets situated in Victoria.
How can Sharrock Pitman Legal assist?
If you are an executor or administrator requiring a resealing of a grant of representation, or have any queries relating to the administration of deceased estates in general, please do not hesitate to contact our Wills and Estates team on 1300 205 506 for a further discussion.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
Liability limited by a scheme approved under Professional Standards Legislation.
Mitchell is the Managing Principal of our law practice.
He is an Accredited Specialist in Commercial Law (accredited by the Law Institute of Victoria). He also deals with areas of Employment Law, Wills & Estate Planning and Probate. For further information, contact Mitchell on his direct line (03) 8561 3318.
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