In 1902 an executor was unable to find or identify a beneficiary of an estate. This case gave rise to the term “Benjamin Order”. In this case, the Court decreed that when an Executor is faced with uncertainty on who should be a beneficiary of an Estate, that Executor has the right to seek a declaration from the Court on who should benefit. Once this declaration is made the Executor is no longer liable if they distribute the Estate to who they believe are the correct beneficiaries, even if more entitled beneficiaries are subsequently discovered.Continue Reading
Reseal of Probate
What is a Reseal of Probate?
Reseal of Probate is explained in this article and why it is important when applying for Probate when assets are located in a different state!
When a person dies it is necessary to make an application for Probate to the New South Wales Supreme Court for their Will to be recognised. If everything is in order, the Supreme Court will issue a Grant of Probate. Until a Grant of Probate is issued, none of the assets of the deceased can be distributed to the beneficiaries named in their Will.
A problem can arise where the deceased owns assets that are not located in New South Wales. This is because a Grant of Probate is State-based. This means that any assets not located in New South Wales cannot be dealt with under the New South Wales Grant of Probate.
A Reseal of Probate is the expression used when you need to apply to another State’s Supreme Court, so that a Will that has already obtained a Grant of Probate in one State, can be recognised in another State. Once a Reseal of Probate has been granted, the Executor can also deal with the assets under the Will that are not located in the State where the original Grant of Probate was achieved.
A Reseal of Probate is important as it allows an Executor to deal with all assets of the Estate of the deceased, regardless of where they are located.
If you are involved in the distribution of assets of a deceased person that are located in one or more States, then you need to understand what a Reseal of Probate is and how it can help in the distribution of the assets of the Estate.
How Do I Obtain a Reseal of Probate?
The process involved to obtain a reseal of probate requires the filing of formal documents in Court as well as advertising requirements of the Reseal of Probate.
If you find yourself in the situation where a Reseal of Probate appears to be necessary, then you need to seek expert legal advice on the process of the obtaining the reseal. This includes making sure that you have met all the Court’s requirements to obtain the reseal, ensuring that you do not waste money on filing fees with an unsuccessful application to the Court.
Get In Touch for a free initial consultation with one of our senior lawyers. They will assist you to work out whether you require a Reseal of Probate and if you do, how to begin the process.