Apr 4

What is a Reseal of Probate?


A reseal is necessary as the personal representative appointed (executor or administrator) by a grant in a foreign jurisdiction cannot deal with assets in Victoria, although enquiries should first be made with asset holders as some, such as banks and share registries, may accept a grant from another jurisdiction together with satisfaction of other requirements. This is particularly in the case of minor assets which may not have required a grant for release.

The Victorian Supreme Court has power to reseal a grant of probate made in other specified jurisdictions. This gives the person obtaining the reseal the same rights, duties, powers and liabilities as would have been imposed had the court originally given the grant.

What may be resealed?

A reseal may be obtained of any probate granted by a court of competent jurisdiction of any Australasian states and the United Kingdom and some other specifically listed countries proclaimed from time to time and published on the Supreme Court website.

A grant issued in a foreign jurisdiction not covered by the proclamation cannot be resealed. An application for a grant in Victoria in the normal way would be required.