When dealing with assets in Australia on behalf of a deceased individual’s estate, the executor or administrator must obtain the English Grant of Probate resealed by the Australian Courts before dealing with those assets. The 1982 Colonial Probates Act allows for the resealing of British Letters of Administration or Grants of Probate in Australia. This is more convenient than submitting new Grants of Probate petitions in Australia.
Is obtaining a resealed Grant of Probate usually required when dealing with Australian assets?
The Grant of Probate is recommended but not required. Much is contingent upon the asset’s worth. Low-value assets may not need the resealing of the Grant of Probate. It is, nevertheless, required if a property is involved.
What is required in Australia to reseal probate?
Typically, you will require the following information or documents to reseal a UK Grant of Probate in Australia:
- Original certified and sealed copy of the English Grant of Probate
- Copies of the deceased’s will that have been authenticated
- Original share certificate with the SRN assigned to it.
- A certified copy of the decedent’s birth certificate or passport
- Copies of the deceased’s death certificate
- All assets and liabilities
- The SRN number of the deceased
- The location and date of birth of the deceased
- The location and date of death of the deceased
Resealing a Grant of Probate from the United Kingdom in Australia
Managing the estate of someone who died with Australian assets can feel like an uphill battle. It can be time-consuming and difficult to “unlock” these Australian assets to sell or transfer them to beneficiaries.
Generally, your local solicitor will be unable to assist you and will refer to phrases such as “Australian Grant of Probate” or “Re-seal Grant of Probate.” However, what are these? Who is entitled to deal with the deceased owner’s Australian assets? What is required to transfer Australian assets into the recipients’ names? Why is it so challenging?
If you are the executor or administrator of an estate where the decedent owned assets in Australia, whether it is land/property in Australia, cash in an Australian bank account, or shares in an Australian company, the answers to some frequently asked questions below will assist you in successfully finalising the Australian portion of the estate.
What am I supposed to do when dealing with the estate of a person who died with Australian assets.
If an English or Welsh resident dies with assets in Australia, the executor of their will, or the person empowered to manage their estate, needs to deal with these assets for them to be sold or transferred to the beneficiaries.
To accomplish this, the executor or administrator of the estate must either file for an Australian Grant of Probate or arrange for the Grant of Probate from the nation in which the deceased person resided to be “recognised” in Australia. We can help with the whole process, please get in touch.
The process of obtaining recognition for the Grant of Probate in Australia is referred to as “resealing the Grant of Probate.”
If a Grant of Probate was acquired in England or Wales, it is often easier and less expensive to have it resealed in Australia than to apply for a new Grant of Probate in Australia.
Generally, but not always, the Grant of Probate is necessary. It is determined by the asset’s worth. A resealed grant of probate may not be required if the asset is of a particularly low value. To ascertain their requirements, you should contact the relevant Australian bank or share registrar.
However, if the asset is real estate, an Australian Grant of Probate or a resealed Grant of Probate is always necessary.
Is a Grant of Letters of Administration acceptable in Australia, and can it be resealed?
If the deceased did not leave a will, the person entitled to administer the estate will get a Grant of Letters of Administration rather than a Grant of Probate.
In Australia, both a Grant of Probate and a Grant of Letters of Administration may be resealed.
Should I retain the services of an Australian attorney to get a sealed grant of probate?
Re-sealing a UK Grant of Probate in Australia is less complicated than applying for a fresh Grant of Probate in Australia. Having said that, obtaining a reseal of a Grant of Probate issued in England or Wales involves knowledge of technical Australian legal requirements, an application to an Australian court, and publication of public notices.
The majority of people dealing with an estate containing assets in Australia choose to retain the services of an Australian lawyer to reseal the Grant of Probate, particularly if they are not based in Australia.
An Australian lawyer with experience resealing Grants of Probate will be able to acquire the resealed Grant of Probate quickly and efficiently, allowing you to release the estate’s Australian assets. Additionally, they will be able to arrange for the sale or transfer of Australian assets to the beneficiaries in accordance with their instructions.
Reseals of UK Probate and Administration are allowed by the Supreme Courts of each of Australia’s states and territories. The court’s jurisdiction over the estate is defined by the location of the estate’s assets.
Asset Classes That Are Frequently Used
Accounts in the Bank
Australian bank accounts are identified by “BSB” numbers that indicate the location of the branch that manages the account. This address identifies the state Supreme Court that has jurisdiction to reseal the Grant of Probate or Letters of Administration.
Once a foreign grant has been resealed in Australia, most banks will normally accept the reseal regardless of which Supreme Court issued it. However, a Supreme Court cannot issue the reseal if no accounts are located within its jurisdiction.
Shares
The jurisdiction for the reseal is determined by the location of the holding’s share registry. Link Market Services (Sydney) and Computershare (Melbourne) are two popular share registries.
After resealing a foreign grant anywhere in Australia, brokers will be able to liquidate the shares on your behalf.
Residential real estate.
Each state and territorial property title office requires a reseal of probate or letters of administration from the relevant state Supreme Court before transferring the title to the executor’s name.
For a complete service with help resealing UK probate in Australia, please get in contact with our team.
