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.