Reseals of Singapore Probate (or Administration) in Australia
Sydney-based Solicitors
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Friday:
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+61 2 8880 8030info@nationalprobate.com.au
Resealing Singapore Probate in Australia
Applications to reseal Grants of Probate or Letters of Administration issued in Singapore are assessed by the individual Supreme Courts of each Australian State and Territory.
The appropriate court to apply to is determined by the location of the estate’s Australian assets.
Our probate solicitors are able to reseal a Grant of Probate issued by the High Court of Singapore in certain Australian courts. Where a reseal is not available, we instead apply for a new Grant of Probate, resulting in a fresh administrative grant being issued for use in Australia..
Uniquely among many courts, the High Court of Singapore often returns the original Will to the executor along with the Grant of Probate. If this has occurred in your case, and if a reseal is not available in the State/Territory where the Australian assets are located, the original Will can be reused to obtain probate in Australia. This is advantageous, as applying for probate with the original Will is more straightforward than applying for a Grant of Probate of a Copy of a Will, which is normally available only where the practice of the foreign court is to not release the Will, or if it has been lost or destroyed.
Which Australian Courts Will Reseal a Singapore Grant?
The Supreme Court of Victoria will reseal a Grant of Probate issued in Singapore.
In addition, some other Australian Supreme Courts apply broad criteria, typically allowing reseals where the original grant was issued by a "court of competent jurisdiction", or a "reciprocating country". These courts may assess eligibility on a case-by-case basis. We can make enquiries on your behalf to determine whether a reseal is possible.
Courts that may consider resealing a Singapore grant include:
- The Supreme Court of the Northern Territory of Australia
- The Supreme Court of South Australia
- The Supreme Court of Tasmania
Other State and Territory Supreme Courts in Australia have legislatively restricted lists of countries from which they will accept a reseal—and these do not include Singapore. In such cases, we will apply for a new Grant of Probate.
Whether a reseal is available or a new grant is required, our experienced probate team is available to assist with all aspects of your estate representation and administration needs.
Common Asset Categories
Bank Accounts
Australian bank accounts have "BSB" numbers which identify the locality of the branch managing the account. This location determines which state Supreme Court has jurisdiction to Reseal the Grant of Probate or Letters of Administration.
Once a foreign Grant has been resealed in Australia most banks will usually accept the reseal regardless of the Supreme Court issuing the reseal, however a Supreme Court cannot issue the reseal where there are no accounts within its jurisdiction.
Shares
The location of the share registry for the holding determines the jurisdiction for the reseal. Common share registries include Link Market Services (Sydney) and Computershare (Melbourne).
Once a foreign Grant has been resealed anywhere in Australia, our brokers will be able to liquidate the shares for you.
Real estate
Each state and territory land titles office requires that their local state Supreme Court first issues a reseal of Probate or Letters of Administration before they are prepared to transfer the title into the executor's name.
Once the reseal is obtained we can assist with this transfer (known as the 'Transmission Application'), as well as providing in-house conveyancing services if a sale of the property is required.
If required, we can call in the estate assets for you, saving the hassle of dealing with multiple international organisations.
We deal with all Australian banks and financial institutions.
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Other Professionals
We have dealt with many other legal professionals interstate and internationally and are happy to obtain a reseal for your client’s Grant of Probate or Letters of Administration.
All we require to start is a copy of the original Grant and a few details about your client (address, full names of executors/administrators) and the assets in Australia.
We can also call in the estate (i.e. correspond with the Australian estate asset holders) and have such assets and funds forwarded to you.
Individuals
If you are an executor or administrator from interstate or overseas, we will be happy to assist you in obtaining the Reseal of Probate or Letters of Administration in Australia.
It is not necessary for you to fly to Australia and all correspondence can be done via email/mail/telephone.
Initially, we will simply require a copy or scan of your original Grant, some basic contact details for the deceased and the executors/administrators and we can commence your application right away.
We can also correspond with the Australian asset holders in order to transfer the estate assets held in Australia to you.
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