Cross-jurisdictional administration / Foreign Grants & Re-Se
Cross border aspects of estate administration
We have many clients whose family members die leaving substantial assets interstate or overseas. In some situations, the interstate or international assets require a court order issued in the state of Western Australia (such as a grant of probate or a grant of letters of administration) to be recognised in that foreign jurisdiction. That process is commonly known as resealing.
Guardian as your local nominee
On the contrary, we often get clients who have already obtained a grant of representation in a foreign jurisdiction which is required to be resealed in Western Australia to deal with Western Australian assets. Whilst resealing interstate grants in Australia or resealing grants from Commonwealth countries is theoretically straightforward, in practice it can be a bureaucratic nightmare. When attempting to reseal a foreign grant in a non-Commonwealth country (or to reseal a non-Commonwealth foreign grant in Western Australia) the procedure is complex. Applications for resealing non-Commonwealth grants will often require affidavits of law from a practising Western Australian lawyer or may require a law practice in the foreign jurisdiction to make an originating application as an attorney for the client. in addition, the court documents may require specialist translation services. If you have an estate that has international interstate implications please do not hesitate in contacting our office for a free initial consultation.