Reseal of Probate
Trouncer Legal is able to assist you with the Reseal of Probate. Contact us today for a free consultation and to discuss your matter further.
When does Reseal of Probate Apply?
This applies where a deceased had assets in New South Wales, but a grant of Probate of a Will or grant of Administration has been obtained in an overseas country. In these situations, the overseas document has to be “resealed” by the Supreme Court of New South Wales before asset can be sold or transferred.
If a solicitor or executor in another Australian state or overseas looking to realise an asset held by the deceased in New South Wales, Trouncer Legal can assist you in this technical area.
Unfortunately, a reseal is not a simple matter and to some extent the Court requires a similar process to be followed as with a normal New South Wales application for Probate, with the usual 14 day advertisement, Affidavits and so on. If a Commonwealth country is involved, each executor/administrator needs to appoint one of our solicitors to as attorney to apply for the reseal. We can prepare and send you the relevant Power of Attorney. We will also need a Court certified copy of the overseas grant of representation. If you are from a non-British foreign country (this includes the USA), you are unable to apply for a reseal. However you may apply for a grant of probate with the Will annexed as contained in the grant made by Court in the foreign country. You will need to include an original grant of probate, or an exemplification, from that jurisdiction.
Reseal of Probate Services
With expertise and experience in this technical area, we take pride in being able to complete the whole process as promptly and efficiently as possible, meaning that distribution of assets can be made in a timely manner.