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NSW · Wills & Estates

Resealing a foreign grant of probate in NSW

Resealing allows an executor with a grant from a prescribed country to administer NSW assets without a fresh grant. The prescribed countries are listed in the British Probates Act 1898 and include the UK, NZ, Canada, and most Commonwealth states. Non-prescribed country grants require a fresh NSW grant.

In short

This is an 8-step workflow for resealing a foreign grant of probate in NSW under s 107 of the Probate and Administration Act 1898, allowing administration of NSW-based assets on the foreign grant.

Time: 6-15 hours depending on asset mix and need for Commonwealth grant.
Audience: NSW estate lawyers acting for executors of deceased persons who held assets in NSW but were domiciled in a prescribed country.
Run this workflow with Quillio — free trial
Prerequisites

Before you start

  • Original or certified copy of the foreign grant
  • Certified copy of the will (if any)
  • Death certificate
  • Australian asset inventory
8 steps

The workflow

1

Confirm prescribed country status

Check the country of the foreign grant against the prescribed countries list. Non-prescribed countries (e.g. the US) require a fresh application rather than resealing.

Tools: Quillio
British Probates Act 1898 (NSW) s 2
2

Obtain certified documents

Obtain a court-certified or apostilled copy of the foreign grant and will. Plain photocopies are not sufficient — the NSW registry requires formal authentication.

Supreme Court Rules 1970 (NSW) Part 78
3

Advertise the intention to apply

Publish a notice of intended application on the NSW Online Registry at least 14 days before filing. This enables creditors and interested parties to object.

Tools: NSW Online Registry
Supreme Court Rules 1970 (NSW) Part 78 Div 1
4

Inventory NSW assets

Prepare a NSW assets and liabilities schedule. Resealing filing fees are tiered by NSW asset value so accurate inventory controls cost.

Civil Procedure Regulation 2017 (NSW)
5

Draft the summons and supporting affidavit

Draft the summons for reseal under Part 78 Division 12 with affidavit of executor exhibiting the foreign grant, will, death certificate, and asset schedule.

Tools: Quillio
Supreme Court Rules 1970 (NSW) Part 78 Div 12
6

File via the NSW Online Registry

Lodge electronically and pay the filing fee. The registry conducts a desk check and may requisition further material.

Tools: NSW Online Registry
7

Respond to requisitions

The registry commonly requisitions regarding the validity of the foreign grant, the will's compliance with NSW law, or domicile. Respond promptly and precisely.

Tools: Quillio
8

Receive the reseal and administer NSW assets

Once resealed, present the resealed grant to NSW banks, share registries, and Land Registry Services to transfer or realise NSW assets.

Outcome

What you will have at the end

A NSW-resealed foreign grant allowing the executor to call in and distribute NSW assets without a fresh Australian probate.

Common issues

  • Assuming the grant is from a prescribed country when it is not (US grants are the most common error)
  • Uncertified or unsealed copies of the foreign grant
  • Missing notice of intended application, causing registry delay
  • Filing fee underpaid because NSW asset value was underestimated
  • Will that complies with foreign formalities but not NSW formalities, requiring separate proof
Use with Quillio

Run this workflow on a real matter

Quillio drafts NSW reseal summonses and executor affidavits, cross-checks foreign grant prescribed-country status, and prepares asset schedules. See /practice-areas/wills-estates-lawyers.

This workflow is a general guide. Each Australian state has its own reseal regime — adapt to the state in which the assets are held.

Try this workflow with Quillio.

Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.

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