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 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.