As the executor or administrator of an estate with a grant of probate or administration issued in another jurisdiction, if the deceased left assets in Queensland, an executor may need to apply to the Supreme Court of Queensland to “reseal” the grant.
What is resealing?
Resealing occurs when the Queensland Supreme Court confirms the authority of a grant made elsewhere. Once resealed, the foreign grant has the same legal effect as if it were initially made in Queensland.
The process is governed by the British Probates Act 1898 (Qld). It applies to grants made in:
- other Australian states and territories
- New Zealand
- The United Kingdom of Great Britain and Northern Ireland.
Importantly the registrar cannot reseal a special, limited, or temporary grant unless the Court orders it.
The British Probates Act 1898(Qld) enables the “sealing” of probate and letters of administration granted in different parts of His Majesty’s Dominions (or certain foreign countries) in Queensland. This “sealing” by the Supreme Court made the foreign grant of probate or administration effective locally, allowing executors to administer assets in Queensland without a separate, redundant application for local probate. The Act facilitated a unified system for handling estates with assets in multiple locations within the British Empire and beyond.
Documents required for Reseal
To apply for resealing, an executor or administrator files:
1. The grant itself
- Provide either the original grant, an exemplification, or an official court copy bearing the seal of the issuing court.
2. Application form
- Form 112 – Application for reseal.
Supporting affidavit
- Form 113 – Affidavit (reseal).
Exhibits
- An application as an attorney for the grantee, attach a certified copy of the power of attorney.
- Use Form 47 – Certificate of Exhibit for any documents you exhibit.
If the estate has debts in Queensland
Where the estate owes money within Queensland, extra steps apply:
- Advertise intention to reseal in the Queensland Law Reporter.
- Serve notice on the Public Trustee.
- File Form 104 – Affidavit of publication.
Key points for executors
- A reseal gives authority to deal with Queensland assets without applying for a fresh grant.
- The documents are in the correct form and sealed by the issuing court.
- Mandatory advertising and provision of notice to the Public Trustee if local debts exist.
- Court order required if special or limited grants before resealing.
How Resealing Works
1. Grant in Another Jurisdiction: When a court in a participating British Dominion or a specific foreign country granted probate or letters of administration for a deceased person’s estate.
2. Production and Sealing: This grant, or a certified copy, was presented to the Supreme Court of Queensland.
3. Local Effectiveness: The Supreme Court then sealed the document, giving it the same legal force and effect as if initially granted by the Queensland court.
Why it is Important
- Streamlined Estate Administration: It prevented the need for a complete, new application for probate in every colony where a deceased person had assets.
- Reciprocity: The Act created a reciprocal system; other participating jurisdictions could recognise grants made in Queensland, and vice versa.
- Unified System: It helped establish a more uniform process for administering estates that spanned different parts of the British Empire.
If someone died with assets in England and Queensland, their executors could obtain probate in England. Then, by having the English probate sealed by the Supreme Court of Queensland under this British Probates Act 1898(Qld), the executor could legally administer the Queensland assets without the need for a new, separate application to the Queensland court
Section 4(1) of the British Probates Act 1898 (Qld)provides :
“4 Sealing in Queensland of British probates and letters of administration
(1) When a court of probate in a part of Her Majesty’s dominions to which this Act applies has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, the Supreme Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect and have the same operation in Queensland as if granted by that court.
…”
Matter
Re Cummings (deceased) [2025] QSC 201 concerns an application for the resealing of a grant of Letters of Administration with the Will annexed, initially issued by the High Court of Justice of England and Wales, Newcastle District Probate Registry to a Richard Ashton, but subject to the limitation that it is
“the lawful attorney of Ben William Cummings for his use and benefit until further representation be granted.”
Sullivan J determined the application on the papers. Rule 616 of the Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”) provides that the executor, administrator, or a person lawfully authorised by them may make such an application.
Sullivan J was satisfied that the applicant had been duly authorised by the administrator appointed under the United Kingdom grant and therefore had standing to bring the application.
No probate or succession duty is payable, and the evidence does not disclose any creditors within this jurisdiction. However, resealing is available as the United Kingdom falls within the jurisdiction of the British Probates Act 1898 (Qld).
The United Kingdom grant, made on 4 December 2024 in favour of Richard Ashton (the applicant), was limited in that the applicant was appointed only as the lawful attorney of Ben William Cummings
“for his use and benefit until further representation be granted.”
Rule 619 of the UCPR prevents the registrar from resealing a special, limited, or temporary foreign grant without a court order. Given the limitation, the registry referred the matter to the Court for determination. Sullivan J was satisfied that the Supreme Court of Queensland has jurisdiction and that resealing is appropriate to ensure efficient estate administration and minimisation of costs.
Although the applicant provided no draft order, Sullivan J proceeded on the application, ordering :
- Pursuant to s 4(1) of the British Probates Act 1898 (Qld) and rule 619 of the UCPR, the grant of Letters of Administration with Will annexed made by the High Court of Justice of England and Wales, Newcastle District Probate Registry, in respect of the estate of Alan Cummings (deceased), be resealed.
- There is no order as to costs.