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Resealing probate in Australia

Resealing probate in Australia

When a deceased person owns assets in Australia, it can be an onerous task to deal with the estate. This is because the executor of the Will has to either transfer assets to the beneficiary, or to be able to sell them. However, resealing probate in Australia can be less problematic through a process known as resealing probate in Australia.

A British Grant of Probate or Letters of Administration may be resealed in Australia, which is a more expeditious process than applying for new grant of probate within Australia.

Assets can include property, shares in companies, trusts or even bank accounts, and it’s likely a Grant of probate will be needed in most - but not necessarily all - cases. For example, if there is a relatively low financial value to the assets, the cost of resealing the Grant of Probate may be excessive or may not even be required. If this is the case, it may be possible to deal directly with the bank or share issuer to determine their particular requirements.

Suppose the deceased did not have a will?

The person entitled to deal with the estate should obtain a document called Grant of Letter of Administration rather than a Grant of Probate if the deceased did not have a will.

Both the Grant of Probate and Grant of Letters of Administration can are eligible to apply for a reseal of probate in Australia.

How should I go about resealing probate in Australia?

As with any legal and financial matter, half the battle is getting the correct advice. As resealing probate in Australia deals with Australian law, it may be prudent to consult an Australian lawyer. As resealing probate in Australia entails an application to the court and making public notices, an Australian lawyer - or representative - could be beneficial.

Similarly, an Australian lawyer could also help with arrangements regarding sales or transfer of assets on behalf of the beneficiaries.

In saying this, seeking legal and financial advice regarding resealing probate in Australia should start closer to home ideally. It may be worth considering for instance, if a family is moving to Australia to live and work, or already has family and assets in Australia, or for future estate planning.

 

Conclusion: resealing probate in Australia need not be difficult

Although no legal matter could ever be considered simple, resealing probate in Australia need not be a headache. In fact, with careful planning and consideration, seeking the right advice now could actually save a lot of hassle ‘further down the line’.

Resealing of probate in Australia can take several months, in some cases 9 months or so, but also different states in Australia can require different or additional processing.

So if you need to reseal probate in Australia, or perhaps are now aware of the implications of estate planning with family or assets in Australia, there’s no time like the present to start looking into it!

Tony Crocker