When a person dies, their executor may need a Grant of Probate before they can deal with the deceased person’s assets. A Grant of Probate is a court document confirming that the executor has authority to administer the estate. If a Grant of Probate is obtained in NSW, but the deceased person also had assets in another state or country, the NSW Grant may not be enough to deal with those assets. In that case, the Grant may need to be ‘resealed’ in the place where those assets are located.
The same issue can arise in reverse. If a person lived in another state or country when they died, but owned assets in NSW, the original Grant of Probate may need to be resealed by the Supreme Court of NSW before the executor can deal with the NSW assets.
What is a Reseal and why is it necessary?
A Reseal is a process where the Supreme Court of a State or Territory recognises a Grant of Probate made in another place. In simple terms, the NSW Court confirms that an interstate or overseas Grant of Probate can be used in NSW. This allows the executor to deal with NSW assets without having to apply for a completely new Grant of Probate.
When an executor wants to deal with the deceased’s assets, it is common for asset holders (e.g. the bank or share registry) to want to see the Grant of Probate as proof of the executor’s authority. If the Grant of Probate was obtained outside NSW, the asset holder might require it to be resealed, to make sure the original Probate is legally valid in NSW. When a Reseal is issued by the Supreme Court of NSW, it reaffirms that the executor has authority to collect and distribute any NSW-based assets.
When would an executor need to apply for a Reseal?
Whether an executor needs to apply for a Reseal depends on several factors, including the location and type of assets left.
Location
The Supreme Court of NSW will only reseal Grants of Probate made in some Commonwealth countries. These include:
- Australia
- United Kingdom (England, Scotland, Wales and Northern Ireland)
- New Zealand
- Papua New Guinea
- Solomon Islands
If the Grant of Probate was made in a place that NSW does not recognise for resealing purposes, the executor may need to apply for a new Grant of Probate in NSW or in each place where assets are located.
Type of asset left
| Asset | Requirement |
| Real estate | You will need a Reseal if the deceased had real estate in NSW. |
| Other assets | It may be possible to have the asset holder (e.g. banks) transfer the assets without a Reseal or new Grant being made. This may depend on the value of the asset. You should contact the asset holder to determine what their particular requirements are. |
Examples
- If someone lived in Victoria, but had an investment property in NSW, their executor must apply to the Supreme Court of NSW for a reseal of the Grant of Probate from Victoria to deal with the NSW investment property in accordance with the Will.
- If someone lived in England, but held shares in NSW, their executor may need to apply to the Supreme Court of NSW for a reseal of the Grant of Probate from England to deal with the shares in accordance with the Will.
What does an executor need when applying for a Reseal?
The executor applies to the Supreme Court of NSW for the Reseal. The documents required will depend on the circumstances, but commonly include:
- The original Grant of Probate or an Exemplification of the original Grant of Probate
- Details of the assets in NSW
- Information about the deceased person and the executor
- Any further documents required by the Court or the relevant asset holder
Suzanne Young of our Wills & Estates team can assist you with your application for a Reseal in NSW or Victoria.
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Our Wills & Estates team has strong experience in obtaining Reseals and applying for a new Grant of Probate (where a Reseal is unavailable) in both NSW and Victoria, having been involved in the grant of a large number of reseals over the last few years. If you need any assistance with Reseals in NSW or Victoria, or any other matter relating to a will, your rights or entitlements under someone’s will or an estate related matter, please contact Suzanne Young or Peter McLachlan of our Wills & Estates team.
Disclaimer: This article is intended to provide general information only and is not to be regarded as legal advice. Formal legal advice should be sought in relation to particular transactions or circumstances