Reseals of Grants - Foreign Grants

A Reseal refers to the re-issuance of a formal Grant of Representation in another state or territory. You can obtain a Reseal in Australia of a Grant obtained in one state or territory, in another. You can also obtain a Reseal of foreign Grants, under certain circumstances. 

They are not always needed, so it is crucial that you seek legal advice before proceeding with a Court application for a Reseal. 

If the deceased left assets registered and held in various states and territories in Australia, you might have to obtain a Reseal of the Grant of Probate in another state. This may be because the asset holder in one state requires a formal Grant recognised in that state. 

Most of the bigger asset holders (the big banks, large superannuation funds and investment companies for example) are usually satisfied with a Grant of Probate from any state or territory in Australia. However, some of the more smaller banks or state specific banks will insist on Reseals of grants. 

This is why it is important to obtain legal advice before launching your application for Probate - please contact us if you are at the start of your application, and the deceased held assets interstate. At Spirit Legal, we have the knowledge and experience to deal with interstate estates, and there might be a better and more strategic way of making your application. 

In circumstances where the original Grant is a Letter of Administration, additional material and evidence will usually need to be supplied to the Court in your application for Reseal. 

Usually, the Court will require confirmation that the applicant in the original Letters of Administration would have been the correct applicant in the state, had they applied there in the first instance. 

In our modern world, some people own assets in Australia, notwithstanding that they resided overseas. We often see this with large international corporations with a head office in Australia, for example. 

If you have obtained a Grant of Representation overseas ( foreign grants), and have been requested to obtain an Australian Reseal, please contact our office for a free consultation and quote for this legal service.