Under Australian law, a grant of probate or letters of administration issued by the courts of the United Kingdom are permitted to be resealed in Australia.

Unless the value of the estate in Australia is very small, the executor or administrator of a deceased estate will need to reseal the UK grant in Australia to have the authority to collect the assets of the deceased in Australia. If probate or letters of administration have not been granted by a UK court, then a fresh application must be made to the Australian court.

In the United Kingdom, a grant issued out of either England and Wales, Scotland, or Northern Ireland will be recognised in other parts of the United Kingdom without further formality. However, in Australia, depending on the nature of the asset held by the deceased, a UK grant of probate or letters of administration may have to be resealed in each state or territory in Australia where the deceased held assets. For example, if land is held in two different states, then resealing must occur in these two states. Resealing in different states and territories may not be required in the case of bank deposits and shares. There are six states and two self-governing territories within Australia, each having their own legislation relating to probate and the administration of deceased estates. It is best to seek legal advice before taking further steps in the estate.

Resealing UK Grants and making a fresh application in Western Australia

Robertson Hayles Lawyers is a legal practice based in the State of Western Australia.

Under the Administration Act (WA) 1903 of Western Australia, probate and letters of administration issued by a court of His Majesty’s Dominions can be resealed in Western Australia by the executor or administrator of the deceased estate, or by any person authorised by power of attorney in that behalf.

We can assist to reseal a UK grant or make a fresh application for probate or letters of administration in Western Australia if the deceased owned at least one asset located in Western Australia. This asset could be a bank account held at the bank’s branch in Western Australia or shares in a company with its registered office in Western Australia or real estate or other assets such as cars or personal items located in Western Australia. If the deceased did not own any asset located in Western Australia but in another state or territory, then the application must be made in that state or territory.

If the deceased held assets in Western Australia as well as in other states or territories, we will be able to assist in the collection of the assets of the deceased in both Western Australia and in other states or territories. Where required, we can assist to obtain probate or letters of administration from these other states or territories in Australia.

We have years of experience in assisting UK based families, executors and administrators and UK based legal practices with resealing as well as fresh applications for probate and letters of administration in Western Australia. No estate is too small or too large for us to assist. We have dealt with deceased estates with a single bank account as well as those with a variety of assets held in different parts of Australia.

Experienced Australian Resealing and Probate Lawyers

Robertson Hayles Lawyers are experienced Australian resealing and probate lawyers: –

• We have over 65 years of experience in providing legal services in deceased estate matters.
• Two of our directors have over 25 years of experience in dealing with international probate and understand cross-border issues impacting on a deceased estate.
• Our legal practice deals with probate matters daily and have a probate team to ensure that your matter is given due attention.
• Our office is located about 400 metres from the Probate Registry in Perth, Western Australia. There is no avenue for the electronic filing of a probate application. This proximity to the Probate Registry provides our office with easy access for filing court documents and obtaining certified documents from the registry.
• As a result of our experience and skills developed over the years, we can in the appropriate case turnaround instructions and obtain grants of probate and letters of administration within 8 to 12 weeks provided we receive prompt responses from the client and the required documents.
• We are a full-service legal practice. We not only assist in the application for probate or letters of administration but can assist to collect and distribute the assets of the deceased to the beneficiaries including collecting bank deposits and the selling and collection of the proceeds of sale of shares and real estate. Our in-house conveyancing department are experienced in assisting international executors and administrators in the conveyance of real estate and the distribution of the proceeds to the beneficiaries in the UK, Australia and other parts of the world.
• When you appoint us, you will deal directly with an Australian probate lawyer holding a current practising certificate having conduct of your matter. A middle agent is not involved.

If you require assistance in resealing a UK grant of probate or letters of administration or have any questions relating to a deceased estate, contact us at Robertson Hayles Lawyers on (08) 9325 1700 or by email at enquiry@robertsonhayles.com.

Note
The above content is only intended to provide a general overview of the topic discussed. It is not intended to be comprehensive nor does it constitute legal advice. You should seek legal advice specific to your circumstances before acting or relying on any of the above content.