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Probate information for solicitors
This information should help legal practitioners with more complex probate matters. It includes information on, reseals, a list of relevant acts and regulations, practice notes and guidance notes for unusual applications.
Notices to Practitioners
The following Notices to Practitioners are issued by the Registrar of Probates. The notices relate to the practice and procedure of obtaining common form grants and supplement procedures set out in the Supreme Court (Administration and Probate) Rules 2014 (External link). Only current notices appear here:
A reseal is often necessary when a person dies leaving assets in more than one jurisdiction. Once a grant of representation is resealed in Victoria it is as effective as if the original grant had been obtained in Victoria. A grant of representation made by a court outside of Victoria does not carry the authority to deal with assets within Victoria.
Part III of the Administration and Probate Act 1958 (External link) permits the resealing of grants that are made in Australian states and territories and specified overseas jurisdictions.
In all cases either, the original grant of representation, an exemplification or a court sealed and certified copy of the grant must be produced for resealing.
Who is entitled to apply for a reseal?
An application for the resealing of a grant may be made by:
- the executor or administrator
- a legal practitioner on behalf of the executor or administrator, or
- a person duly authorised by power of attorney.
It is common practice in Victoria for solicitors to make applications. The solicitor swears in a supporting affidavit that they have been instructed by the executor (or administrator) and that the executor (or administrator) is desirous of having the grant resealed. It is not necessary to produce any written instructions from the executor or administrator.
You can download a precedent application for a reseal of a foreign grant.
Acts and regulations
You will find links below to relevant acts, regulations and rules.
The Probate List, established on 1 July 2011, deals with contentious probate proceedings and applications for grants of representation referred to a judge by the Registrar. For general enquiries contact the Probate Office.
For urgent applications please contact the associates to the judge in charge of the list, the Honourable Justice McMillan.