Resealing Probate in Australia
If you have never heard of the term ‘resealing probate’ you won’t be in the minority. It’s not something that is part of everyday conversation. It is one small part of the entire probate process – which again, not everyone has to deal with – and it is not always necessary. When it is required, however, it is essential to get it right.
Probate will need to be resealed if someone has died in a Commonwealth country such as Australia, yet still has some assets (perhaps property, which is common) in the UK, or if they died in the UK but have assets overseas. Resealing probate is the process by which property and possessions are released into probate in a different jurisdiction. It means, to put it simply, that probate happens once (and a Grant of Probate is released), and then it needs to happen again in the second country to ensure that each branch of the deceased person’s life is covered. In this way, nothing is left out of probate that could have a serious impact on the contents of the entire estate, and what the beneficiaries receive.
Probate in the UK takes a long enough time, with executors having to balance the entire process with family life and work too. Add to that an additional probate process in another country which can take just as long, if not longer (depending on the Australian court system at the time of applying), and this becomes a stressful, time consuming thing to have to do. This is why, if at all possible, it is best to use a professional company to do this for you. They will be experts in this field, and can work through it much more quickly than an executor could do, no matter how much time they have.