To have a grant made in another state or country sealed by the Supreme Court of New South Wales (NSW)- allow it to take effect in NSW in relation to NSW assets.
Usually a grant of probate or administration will be applied for in the appropriate Court of the state or country where the deceased person was residing when they died, which will usually be the place where most of the deceased's assets that will need to be collected and distributed are located. In Australian states and territories the appropriate Court is the Supreme Court of the relevant state or territory. If a deceased person owned assets in more than one country it may be necessary to apply for a grant in each place where assets were located. However, if a deceased had assets in different states of Australia or in certain countries, namely Commonwealth countries where the Queen is the head of state, then it is possible to have a grant issued by a Court in one jurisdiction recognised in another state or country. This process of recognising the grant made in the other state or country is called resealing the grant. In NSW resealing of grants is permitted under section 107 of the Probate and Administration Act 1898 (NSW). Once resealed, the original grant will have the same effect and same operation in New South Wales as the original grant. The original grant of representation, an exemplification or a court sealed and certified copy of the grant must be produced to the Supreme Court of NSW for resealing.
Depending on the type, size and value of the assets located in NSW it may not be necessary to either obtain a reseal or a fresh grant in NSW. You will need a reseal or a grant if the deceased person had real estate in NSW. If there is no real estate then you should consider approaching the asset holders (banks, etc) to determine if they may transfer the assets without a reseal or grant being made. It may be possible to have the asset holder transfer the assets by signing a declaration of your entitlement and/or an indemnity in favour of the asset holder if someone else subsequently makes a claim. This should be considered particularly if the executor is the sole beneficiary under the will or the applicant is the sole next of kin under intestacy. Different asset holders have different criteria and requirements for releasing assets. Note also that the proceeds of life insurance and superannuation generally do not form part of the estate, however this will depend on the terms of the relevant policy. Despite this, sometimes the trustee will require a grant to be made or resealed before they determine who is entitled to the superannuation or insurance funds. However, you may include a death benefit if applicable as it is not released to the nominee.
Not all Grants from other countries can be resealed by the Supreme Court of NSW. The Court will only reseal Grants made in countries of the "Commonwealth Realm" where the Queen is, or was at the time of the grant, Head of State. Such countries include the United Kingdom (England, Scotland, Wales and Northern Ireland), New Zealand, Papua New Guinea and Solomon Islands. Recent grants from the following countries cannot be resealed: Malta, South Africa, Pakistan, India, Sri Lanka, Fiji, Hong Kong or The Republic of Ireland.
If a grant cannot be resealed then it may be necessary to apply for a new grant in NSW.
If the grant in the other jurisdiction was a grant of probate, then the application in NSW would be for a grant of probate as contained in a copy of the will in the overseas grant. In which case you will require an exemplification from the other court.
If the original grant was for probate or for administration with the will annexed then the Court in the other jurisdiction will need to retain the original will. In such cases you will apply for a grant of probate, or for administration with the will annexed, of a copy of the will as contained in the grant issued in the other jurisdiction. If the deceased person died without a will then you will apply for a fresh grant of administration in NSW.
While the probate law in other Australian states and in most Commonwealth countries is similar to the law in NSW, there can be significant differences in the law in some overseas countries in relation to the validity of Wills and in relation to who may be entitled under intestacy. Generally the law that will apply will be the law of the place where the person was residing, as distinct from visiting, when they died. If a Will was made overseas you will need to consider what the relevant law is that applies and whether the Will applies to assets in NSW. If you are unsure of whether you need to, or are entitled to, apply for a reseal or whether you may need to apply for a fresh grant in NSW please seek legal advice from a qualified solicitor.
If you have difficultly completing the forms or need further guidance, please contact us by emailing email@example.com Registry staff can assist you with procedural advice, but are unable to provide you with legal advice.
Establish your eligibility to apply for a reseal
Advertising a notice of your intention to apply for a reseal
Before applying for a reseal of a grant you must publish a notice of your intention to apply for a reseal on the NSW online registry not less than 14 days before your summons for reseal is filed with the Court. The applicable fee to publish a notice can be found in the Schedule of fees.
The online notice can be published using the NSW online registry. You will be required to register as a user first.
The prescribed wording for the notice is set out in approved UCPR form 116.
Alternatively you can complete the manual form requesting that the registry publish the notice for you. You may post the completed form to: the Supreme Court of NSW, GPO Box 3, Sydney 2001, with your payment and the registry staff will publish the notice and confirm with you by email.
You must wait at least 14 days from the date of publication to file your summons for reseal. A case number will be issued to you when your notice is published. This number should be quoted on your Summons for Reseal and when contacting the Court registry.
Lodging a notice of intended application for a Reseal via the online registry:
Qualifications in a notice for Reseal
The following qualification should be included in the notice of intention to apply for a Reseal if applicable: Eg: This application for a Reseal is being made by an Attorney appointed in New South Wales.
Reviewing the notice for errors before submitting for payment and publication
Once a notice has been published online you will be unable to edit and change the notice. You must contact firstname.lastname@example.org and detail any typographical errors, any additional information qualifying the notice, any additional applicant details. A charge will apply for any amendments.
Registry staff cannot amend the type of grant (eg: from Probate to Letters of Administration) when a fresh notice must be published and you may be required to pay a further filing fee.
Complete the forms - reseal form kit
This information is not intended to be a substitute for legal advice. This kit is designed to help you with a simple application for a reseal. This information does not cover all the various situations that can arise when applying for a reseal of a grant and the information and documents that may be required in the application may vary from case to case. The forms in this kit are intended to be downloaded and edited to insert relevant information and to delete any instructions or inapplicable words before printing. You cannot submit these forms electronically. They must be printed out, signed and witnessed as necessary, and lodged at or posted to the Registry Office (with payment of the filing fee if applicable).
1. Summons (UCPR Form 111)
On the summons form information appearing after a "#" is optional and may not need to be included. If information appearing after a "#" does not apply delete it from the form. Delete the "#"s. Words appearing between "[ ]" are instructions as to what information should be included at that part of the form – overwrite the words appearing between the [ ] with the relevant information.
Insert the case number which was assigned when the Notice of Intention to apply was published.
In relation to the "Late of" if the deceased resided in NSW insert the name of the suburb, if the deceased resided in another state of Australia insert the name of the suburb and the state, and if the deceased resided overseas insert the name of the country.
The person applying for a reseal (the plaintiff) will be the executor/s or administrator/s named on the original grant in the other jurisdiction or their appointed Attorney.
The gross value of the estate is the known or estimated value of the New South Wales assets. The court filing fee is determined based on the gross value of the New South Wales assets only. In the affidavit in support of the application you undertake to advise the Court if there are any additional assets found later. If the value of new assets takes the gross value of the estate to a higher fee range then you may be liable to pay the difference in the filing fee.
2. Affidavit of applicant seeking a reseal (UCPR Form 121)
The affidavit is an important document that sets out the information that will allow the Registrar to consider and approve your application. The affidavit must be made by the applicant(s) and needs to be sworn before a JP or a solicitor.
On the affidavit form information appearing after a "#" is optional. If information appearing after "#" does not apply to your application delete it from the form. Words appearing between "[ ]" are instructions as to what information should be included at that part of the form – overwrite the words appearing between the [ ] with the relevant information. Similarly, in the body of the affidavit words appearing in "( )" and written in italics are instructions as to what needs to be inserted at this part of the affidavit. Before finalising the affidavit please ensure that it includes all the information that is required, that it makes sense, and that any irrelevant parts have been deleted.
State only the known liabilities of the deceased at the date of death. It is not necessary to furnish evidence of the amounts. You must not include funeral, burial, cremation or other testamentary expenses incurred after death.
Please ensure that any annexures referred to in the affidavit are firmly attached before the affidavit is sworn. The witness will need to sign the annexures and identify them as annexures to the affidavit. A copy of the Inventory of Property (UCPR form 117) must be attached to the affidavit.
The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.3. Inventory of Property (UCPR Form 117)
One copy of the Inventory of Property is annexed to the affidavit of the applicant. You need to prepare 2 additional copies. One of these is to be attached to the document that is to be resealed and returned to you. The other is to be attached to a copy of the document that is to be resealed and which will be retained by the Court.
The Inventory of Property must be signed by the applicant or applicants. You should sign the original that is attached to the affidavit and make 2 copies of this signed copy.
The Inventory of Property must disclose any NSW assets of the deceased person. Assets of the deceased person located outside of NSW can be noted but if they are then they must be clearly identified by including them under a distinct heading. The value of assets outside of NSW is not used to calculate the gross value of the estate.
For each NSW asset note the known or estimated value of the asset. It is not necessary to get a valuation of each asset.
For real estate in NSW - record the address and title particulars such as the Lot number, folio identifier etc. Property held by the deceased as a joint tenant automatically passed to the other joint tenant when the deceased person died and as such does not form an asset of the estate which needs to be included. Such assets can be noted, but if they are then they need to be clearly identified under a separate heading. The value of such assets is not used to calculate the gross value of the estate.
For other assets located in NSW – Any assets that you will need to collect or have transferred must be accurately described so that the asset holder can identify it. For bank accounts set out the name of the bank and branch, type of account eg. savings, deposit etc, branch account number(s) and the amount held at the date of death. For shares describe the name of the company, the number of shares and estimated value. For jewellery and artwork of a significant value should be properly described and the name of the piece and the artist supplied. 4. Reseal document (UCPR form 113)
On this form insert the case number, the information in relation to the deceased (name, late of, and date of death) and the Court and date of the original grant.
Prepare 2 copies of this form. These should be annexed to the front of the original grant to be resealed and the copy of the grant for the court file.
Do not sign this form. This document will be dated, signed and sealed by the registrar.Other documents to be lodged:1. The original grant or an original exemplification
Lodge the original grant that you want resealed or an original exemplification ( Court certified sealed copy of the grant) issued by the Court that issued the original grant .
This is the document that will be considered for the Reseal.
Please note that the original grant will be returned to you once the reseal is made.2. Power of Attorney (only required if the applicant is the attorney of the executor/administrators)
If the Power of Attorney is specifically for seeking a Reseal, then the original Power of Attorney must be submitted with the application.
If the Power of Attorney is a general Power of Attorney a certified copy of the Power of Attorney is required. This should be annexed to the affidavit of applicant. See paragraphs 14 and 15 of approved form 121.
All applications must be filed at the Supreme Court of NSW Registry, either in person or by post.
Make sure you have all the correct documentation including the completed forms, original document to be resealed and copy, and original power of attorney (if required).
Your filing fee (where the gross value of the NSW estate is over $100,000.00). The fee can be paid by cheque, money order, cash or via credit card/EFTPOS facilities.
Please provide a self-addressed express post or stamped envelope. The Resealed grant will be returned to you in this envelope.
Your application will be considered by a registrar. The registry aims to process applications within 5 business days of filing. Current processing delays are published on the Supreme Court website.
If further information is required before the Reseal can issue the Registrar will write or email detailing further steps required.
The resealed grant will be posted back to you in the envelope provided.
You will find links below to relevant acts, regulations and rules.
Please use the following precedent forms when applying for a reseal of a Grant of Probate.