This is an example of the type of seal that might be resealed
In New Zealand, both probate and letters of administration can be granted for an estate where the deceased lived and died in New Zealand. They may also be granted for estates where the deceased lived and died in another country, but had assets in New Zealand.
These applications are reasonably complex. However, there is a simpler alternative. If you have an estate which meets certain criteria, an application for a reseal can be made.
What are the criteria for a reseal in New Zealand?
In order for the court in New Zealand to grant a reseal of probate or letters of administration, there first needs to be a grant of probate or letters of administration that was already made in another country.
The next criteria is that other country needs to be a member of the Commonwealth or there is one exception which is Hong Kong which is included by statute as one of the countries where a reseal can be made in New Zealand.
Common examples of countries requiring reseals in New Zealand are Australia, anywhere in the United Kingdom (i.e. England, Scotland, Wales or Northern Ireland), Canada, Singapore, India, Fiji, Samoa and Malaysia.
What is a reseal?
A reseal is as simple as it sounds. When probate or letters of administration are granted, the court which makes that grant “seals” the document by placing a stamp, an imprint or sometimes (as the process was named after) a wax seal on it. The seal is what turns the document into a valid grant that can be used to unlock the assets of the estate. Without it, all, you have is a piece of paper.
A reseal is when a court in one country, New Zealand for example, takes a grant of probate or letters of administration made in the court of another country and puts a second seal on it. That transforms the document from a grant of probate that is only valid in Australia, for example, into a grant of probate that is valid in both Australia and New Zealand.
The procedure is that the original grant of probate or letters of administration (or a copy, certified on every page by the court which made the grant) is given to the High Court of New Zealand with an application for reseal. Then the original or copy will be returned once it has been resealed and it will bear that important second stamp.
For the very valid question of why you need a reseal, see our article here.
Do you need a reseal?
Here at N.J. Lowe & Company - Probate Law Consultancy, we have one of the few lawyers who specialise in obtaining reseals, probates and letters of administration from the New Zealand High Court for international estates with assets in New Zealand. If you are acting for an estate with assets in New Zealand, get in touch with Jenny Lowe today on jenny.lowe@nzprobatesandreseals.com for a painless and straightforward approach to your application for a reseal or any other related application that needs to be made.