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Deceased Estates Blog

Western Australian Law as at date of publication

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Can I reseal my grant or do I need to obtain a new grant in Western Australia?

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The Supreme Court of WA may reseal a grant of probate or letters of administration obtained from a court of competent jurisdiction outside Western Australia if that court is within “Her Majesty’s dominions” (section 61 Administration Act 1903). ┬áResealing removes the need to prove again the matters that were proved in obtaining the grant in the original jurisdiction (Public Trustee v Smith (1942) 42 WN (NSW) 30 at 31 per Harvey J) and therefore that process can be simpler, quicker and cheaper.

“Her Majesty’s Dominions” historically meant all the realms and territories under the sovereignty of the British Crown. That term has declined in usage and the term “Commonwealth realms” is more usually referred to today. Commonly, it is understood to mean all jurisdictions in which the Queen is the Head of State.

There appear to be currently 16 Commonwealth realms the United Kingdom, Australia, Canada (but question whether this is now a Republic and therefore excluded for the purposes of resealing a grant), New Zealand, Papua New Guinea, Antigua and Barbuda, The Bahamas, Barbados, Belize, Grenada, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, the Solomon Islands and Tuvalu (Wikipedia).

Valid as at 23/9/14

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