Australian Assets – Reseal British Grant of Probate in Australia
When a deceased owns Australian assets, the executor of the Will is required to obtain the reseal of the English Grant of Probate by the Australian authorities to be able to either sell the assets or transfer them to the beneficiary.
Under the Colonial Probates Act 1982, a British Grant of Probate or Letters of Administration may be resealed in Australia which is a much easier process than having to apply for a fresh grant of probate in Australia.
Having said so, applying for a grant is not simply a matter of completing forms and paying the correct fee. It involves undertakings to the Court, the application of technical legal rules and a certain understanding of the law, court practise and procedure.
Our Resealing Grants of Probate service helps executors to efficiently obtain the reseal of the grant of probate in any Australian state. All you need to do is sent us the relevant documentation and let us manage the whole resealing process for you. We closely work with local solicitors firms that represent you to the court and help us to prepare all the documents you are required to provide and sign.
Once the grant of probate has been resealed we can supervise the subsequent transfer of the Australian assets to the beneficiaries or their sales.
We have years of experience in resealing grants of probate worldwide and have helped many executors recovering Australian shareholdings. Contact us now and see how we can help you with this heavily administrative process.
For more information on our Resealing Grants of Probate Service, please contact us
- Sealed & Certified Original English Grant of Probate
- Certified Copy of the Will
- Decease’s Place & Date of both Birth and Death
- Copy of the decease’s passport or Birth Certificate
- Copy of Death Certificate
- Each Executor’s occupation & address and Certified copy of their passport
- Complete inventory of the global assets and liabilities (Form IHT 400, IHT 421)
- Decease’s Share Holder Reference Number (SRN Number)
- Original share certificates (if any) with the SRN number
- Be patient, organised and get started as early as possible. The reseal of a grant of probate is a long process. Our experience is that at least 9 months is not unreasonable. First of all, there is a 3 month advertising time for creditors to prove their claims; and also, the court calendar for the needed probate hearings which naturally add to the delays.
- If an estate has assets in Western Australia it advisable to apply for resealing of the UK Grant in this state and then get it recognized in any other state.
- When the English Grant is resealed in Western Australia, executors have to sign at list one Affidavit and a Verification of Identity. Both documents have to be signed at least before a Notary Public.
- The Grant of Probate and the Will have both to be certified by the local District Probate Registry.
- The Grant of Probate should be attached to the Will by using a paper fastener which should be placed in the left hand margin.
- The assets inventory should clearly indicate where each asset is located.
- The SRN Number is usually found on dividend statements or other similar document relating to the shares in each Australian company.
- If the Australian shares are to be sold, the executors have to complete a broker authorisation form and sign the Section 1071B Statement issued by the share registrars.