Resealing a Grant of Probate in Western Australia is where the Supreme Court recognises a grant made somewhere else, so that it operates here as though the Court had made it. A grant is the court order that lets an executor deal with a deceased person’s assets. One made interstate or overseas cannot be used for Western Australian assets until it has been resealed. A reseal is available if the original grant was made in one of His Majesty’s dominions, broadly the countries and territories that have the King as sovereign. If it was made anywhere else, a fresh Western Australian grant is needed instead.
When a reseal is the right application
The Court can reseal a Grant of Probate or Letters of Administration made “by any court of competent jurisdiction, in any portion of Her Majesty’s dominions” and once sealed it has the same force and effect in Western Australia as an original grant. Letters of Administration is the equivalent grant if the deceased left no Will.
A reseal is usually available if the grant was made in:
- another Australian state or territory;
- the United Kingdom, including England and Wales, Scotland and Northern Ireland;
- New Zealand; or
- another country within His Majesty’s dominions.
A fresh Western Australian grant is usually needed if the grant was made in the Republic of Ireland, the United States or most other overseas countries.
Jersey, Guernsey and the Isle of Man are Crown Dependencies and it isn’t settled that they fall within His Majesty’s dominions. In our experience a fresh grant is needed.
Why WA assets force the issue
An interstate or overseas executor usually discovers the need for a reseal through Landgate or the Perth Mint, both of whom will require a WA Grant before it will accept a transfer of property. Landgate is the registry that records who owns land in Western Australia.
Western Australian banks and share registries take the same position once the holding is above their threshold. See Do you need a grant of probate in Western Australia?
What the Court needs
The Court needs the original grant or an exemplification or a certified copy issued under the seal of the court that made it. An exemplification is an official copy the original court issues under its own seal. A scan or a photocopy isn’t enough.
If you have to order an original document from the original court, start that first. It can take several weeks and it’s usually the cause of delay in the whole application.
Beyond the grant itself, the application sets out the deceased’s Western Australian property and Western Australian debts as at the date of death, at their date of death value. That statement is sworn, so it has to be accurate.
Reseal or fresh grant
| Where the grant was made | Application in WA |
|---|---|
| Another Australian state or territory | Reseal |
| United Kingdom, New Zealand, other dominions | Reseal |
| Republic of Ireland, United States, most other countries | Fresh WA grant |
| No grant made anywhere yet | Fresh WA grant |
For the countries the firm treats as dominions, see our His Majesty’s dominions list.
How long it takes and what it costs
The Court charges the same filing fee for a reseal as for an original grant, currently $418.
The Court aims to process applications within four weeks. In our experience a reseal lodged in order takes around six to eight weeks to issue and the time spent obtaining a sealed copy from the original court sits on top of that.
Frequently asked questions
Can I use the interstate grant without resealing it?
Not for Western Australian land. Landgate won’t register a transmission application, which is the form that moves a title out of a deceased owner’s name, on an unsealed interstate grant. Some banks will deal with an interstate grant for a small holding and each sets its own position, so it’s worth asking before you apply.
Does the executor have to come to Perth?
No. The documents are prepared here and sent to you to sign wherever you are, then lodged with the Supreme Court in Perth.
What if the deceased died without a Will overseas?
A Western Australian application in which the deceased died intestate, meaning without a Will, is significantly more complex if they were domiciled overseas, because the Court has to be satisfied about entitlement under the law of the place of domicile, which is the country the deceased treated as their permanent home. We can help, but you’ll need to seek specific legal advice.
Is a reseal cheaper than a fresh grant?
Usually. A reseal relies on the work the original court has already done, so there’s less to prove. Our fixed prices for both are published.
Where we can help
We act as Western Australian agents for interstate and overseas executors and for firms instructing us on behalf of their clients. We prepare the application, send it to you to sign wherever you are and lodge it here. Our fixed prices are published, so you know what it costs before we start.
Call the probate team on (08) 9220 4490 or see our reseal page.
Related: Understanding estate property transfers
This article is general information and not legal advice. Whether a particular grant can be resealed turns on where it was made and it should be checked before you apply.
