When do I need to re-seal a grant of probate or letters of administration?

When a person dies, they may leave substantial assets in various jurisdictions, interstate and overseas. These assets can include property, shares, money in a bank, digital assets (such as crypto currency) Administering those assets may become problematic as the grant is limited to the authorising jurisdiction and does not have universal authority to administer those assets.[1] If those assets are located within Australia or in any portion of Her Majesty’s dominions an application may be made to reseal the grant and deal with the assets in Western Australia.[2] If the grant falls outside of one of Her Majesty’s dominions a new application is required in that jurisdiction.

The procedures involved in resealing foreign grants can be complex[3] and may require the services of translators, affidavits of law from a practising Western Australia lawyer or the services of a law practice in the foreign jurisdiction to make an originating application as an attorney for the client.

[1] Arnot v Chapman (1884) 5 LR (NSW) EQ 66.

[2] Administration Act 1903 (WA) s61.

[3] Ensuring compliance with Non-Contentious Probate Rules 1967 (WA) rule 27A.