We offer a prompt and efficient service in obtaining a reseal of a grant of probate or Letters of Administration from a country outside of Australia. We regularly act for solicitors from the United Kingdom, Singapore, Malaysia, New Zealand, Ukraine and elsewhere. Fees are from $880.00.
When is a reseal required?
A person may live in one country but leave assets in Australia such as shares, money in a bank account or a property.
In this situation, it may be necessary to obtain a re-seal of the Grant of Probate from that country in Australia. This simply means that the ‘foreign grant' (for example a Grant of Probate obtained in the United Kingdom) is formally recognised (i.e. re-sealed) by a probate registry in Australia.
If the deceased died in “one of her Majesty's Dominions” this is usually a straight forward procedure. A list of countries that fall within that definition can be found at: https://en.wikipedia.org/wiki/States_headed_by_Elizabeth_II
If the deceased was domiciled in a country that is not one of her Majesty's Dominions, it will be necessary to make a fresh application for probate.
We have a dedicated international probate team that assists clients from outside Australia with Probate in Australia. We regularly assist overseas lawyers and executors with Probate Reseal applications from countries such as Ireland, China, United Kingdom, Hong Kong, India, Singapore, Malaysia, New Zealand, Ukraine and South Africa.
It is important to note that each state in Australia has its own probate jurisdiction and different rules apply in each State to obtain a ‘re-seal' of a Grant of Probate. A re-seal of probate needs to occur in the State where the property is held. In the case of shares (for example) the shares are held in the State or Territory in which the share registry is located. In the case of bank accounts, it is the State or Territory in which the account was opened.
Need probate help to release Australian assets?
We can help with:
- Probate reseal applications
- Obtaining of grants of probate or Letters of Administration in Australia
- Release of Australian assets eg. bank accounts, share transfers etc
Please contact Biddulph & Turley if you require more information about resealing Probate in Australia or would like to make an appointment with one of our solicitors.