A grant of probate or letters of administration (or equivalent) made within a particular jurisdiction (including a different state in Australia) has no effect in other jurisdictions. For example, assets located within New South Wales cannot be dealt with by a foreign grant.

However, a grant in jurisdictions being Her Majesty’s dominions (which include all other states and territories in Australia, as well as New Zealand, the United Kingdom, Canada and Papua New Guinea among others) can be “resealed”.

In New South Wales, s 107 of the Probate and Administration Act 1898 (NSW) provides that the original executor or administrator, or a person authorised by a power of attorney given by the executor or administrator, can have the foreign grant resealed by the Supreme Court of NSW, whereupon it has the same effect as if the original grant of probate/administration had been in New South Wales. The New South Wales assets can then be brought in and administered.

Refer to Checklist — Application for reseal in NSW in Obtaining the grant.

A grant of probate or letters of administration (or equivalent) made within a particular jurisdiction (including a different state in Australia) has no effect in other jurisdictions. For example, assets located within New South Wales cannot be dealt with by a foreign grant.

However, a grant in jurisdictions being Her Majesty's dominions (which include all other states and territories in Australia, as well as New Zealand, the United Kingdom, Canada and Papua New Guinea among others) can be "resealed".

In Victoria, ss 80–88 of the Administration and Probate Act 1958 (Vic) provides that the original executor or administrator, or a person authorised by a power of attorney given by the executor or administrator, can have the foreign grant resealed by the Supreme Court of Victoria.

A grant of probate or letters of administration (or equivalent) made within a particular jurisdiction (including a different state in Australia) has no effect in other jurisdictions. For example, assets located within Queensland cannot be dealt with by a foreign grant.

In Queensland, a grant made in any of the places to which the British Probates Act 1898 (Qld) applies (being every state and territory of Australia, New Zealand and the United Kingdom of Great Britain and Northern Ireland) can be “resealed”.

Under r 616 Uniform Civil Procedure Rules 1999 (Qld), an application for a reseal of a foreign grant can be made by the executor or administrator or person authorised by the executor or administrator to apply.

The resealed document has the same force and effect as if it was an original grant issued by the court. The Queensland assets can then be brought in and administered.

A grant of probate or letters of administration (or equivalent) made within a particular jurisdiction (including a different state in Australia) has no effect in other jurisdictions. For example, assets located within WA cannot be dealt with by a foreign grant.

However, a grant in jurisdictions being Her Majesty's dominions (which include all other states and territories in Australia, as well as New Zealand, the United Kingdom, Canada and Papua New Guinea among others) can be "resealed".

In WA, s 61 of the Administration Act provides that the original executor or administrator, or a person authorised by a power of attorney given by the executor or administrator, can have the foreign grant resealed by the Supreme Court of WA, whereupon it has the same effect as if the original grant of probate/administration had been in WA. The WA assets can then be brought in and administered.

Section 17 of the Administration and Probate Act 1919 (SA) provides that “Probate and administration granted in other States or the United Kingdom or by foreign Court to be of like force as if granted in South Australia, on being re-sealed”. Rule 50 of The Probate Rules 2015 sets out the procedure.

A grant of probate or letters of administration (or equivalent) made within a particular jurisdiction (including a different state in Australia) has no effect in other jurisdictions. For example, assets located within Tasmania cannot be dealt with by a foreign grant.

However, a grant in jurisdictions being Her Majesty's dominions can be "resealed".

In Tasmania, s 48 of the Administration and Probate Act provides that the original executor or administrator, or a person authorised by a power of attorney given by the executor or administrator, can have the foreign grant resealed by the Supreme Court of Tasmania, whereupon it has the same effect as if the original grant of probate/administration had been in Tasmania. The Tasmania assets can then be brought in and administered.

A grant of probate or letters of administration (or equivalent) made within a particular jurisdiction (including a different state in Australia) has no effect in other jurisdictions. For example, assets located within Australian capital territory cannot be dealt with by a foreign grant.

However, a grant in jurisdictions being Her Majesty's dominions (which include all other states and territories in Australia, as well as New Zealand, the United Kingdom, Canada and Papua New Guinea among others) can be "resealed".

In the Australian Capital Territory, s 80 of the Administration and Probate Act 1929 (ACT) provides that the original executor or administrator, or a person authorised by a power of attorney given by the executor or administrator, can have the foreign grant resealed by the Supreme Court of Australian Capital Territory, whereupon it has the same effect as if the original grant of probate/administration had been in Australian Capital Territory. The ACT assets can then be brought in and administered.

The initial considerations in determining if an application for reseal of a foreign grant is appropriate are as follows:

• Was there a foreign grant which can be resealed?

• Is the place of initial grant one which the court will recognise for the purposes of a reseal?

• Is the person seeking the reseal one to whom a reseal will be granted?

See Circumstances where a reseal of a foreign grant is appropriate.

The applicant must then see to the filing of appropriate documents at the Supreme Court. The process is similar to that for grants of probate and letters of administration.

See Obtaining the grant.

Just as with grants of probate and letters of administration on intestacy, legal costs for reseals of original grants are regulated, and are calculated by reference to a prescribed scale.

Legal costs in respect to deceased estates are governed by the Practitioner Remuneration Order pursuant to the Legal Profession Act 2004 (Vic) and Appendix 3-A of the Supreme Court (Probate and Administration) Rules 2004.

The provisions of the Legal Profession Act 2007 (Qld) will apply to legal costs associated with a reseal of a grant.

Just as with probate matters, solicitors' costs for services provided in relation to a reseal of a foreign grant are regulated in accordance with Legal Practitioners (Non-Contentious) Probate Costs) Determination 2011 (WA).

As for any probate work, the costs are a matter of contract between the practitioner and the client, with the client as executor or administrator being entitled to claim those costs back from the estate.

Just as with probate matters, solicitors' costs for services provided in relation to a reseal of a grant are regulated in accordance with Supreme Court Rules 2000 (Tas).

Unlike other jurisdictions, costs are not regulated pursuant to a scale of costs and can be charged in accordance with normal practice provided that the practitioner complies with Pt 3.2 of the Legal Profession Act 2006 (ACT).

See Costs for discussion specific to Reseal.

See Costs and taxes for general discussion.

Once a grant has been resealed, the person in favour of whom the grant has been resealed can administer the assets in the jurisdiction of the reseal, in the same way as an executor or administrator who had obtained an initial grant of probate or letters of administration in that jurisdiction would have been able to so administer.

See Duties following grant.

Not all cases of foreign grant are appropriate for a reseal application. In such circumstances, a full application for probate (or letters of administration with the will annexed) would normally be required.

See Circumstances where a reseal of a foreign grant is appropriate.

See Grant of probate.

See Letters of administration with the will annexed.