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HOW TO RESEAL PROBATE IN NEW ZEALAND

Dealing with the legalities surrounding a deceased loved one’s estate can be overwhelming, especially when assets are spread across multiple countries. In New Zealand, navigating probate or letters of administration for such estates can be complex, but there’s a simpler alternative: probate resealing.

UNDERSTANDING PROBATE RESEALING

Probate or letters of administration are typically granted by a court in the jurisdiction where the deceased lived and died, authorizing the executor or administrator to manage the estate’s assets. However, when assets are located in New Zealand but the grant was issued in another Commonwealth country or in Hong Kong, a reseal in New Zealand becomes necessary for it to be recognized and enforceable.

CRITERIA FOR RESEALING IN NEW ZEALAND

To qualify for a reseal in New Zealand, there are two main criteria:

1. Existing Grant: There must be a valid grant of probate or letters of administration issued by a court in another Commonwealth country or in Hong Kong.
2. Country Eligibility: The country where the original grant was issued must be a member of the Commonwealth, with the exception of Hong Kong, which is specifically included by statute.

COUNTRIES OFTEN REQUIRING RESEALS IN NEW ZEALAND INCLUDE:

– Australia

– United Kingdom (England, Scotland, Wales, or Northern Ireland)

– Canada

– Singapore

– India

– Fiji

– Samoa

– Malaysia

THE RESEALING PROCESS

Resealing involves presenting the original grant of probate or letters of administration (or a certified copy) to the High Court of New Zealand along with an application for reseal. The court then affixes a second seal to the document, thereby validating it for use in New Zealand.

Once resealed, the document gains legal recognition in both the country of origin and New Zealand, facilitating the efficient administration of the estate’s assets.

WHY RESEALING MATTERS

Without a reseal, the original grant lacks validity in New Zealand, making it challenging to access or distribute assets located here. Resealing ensures that the estate’s affairs can be properly managed and resolved in accordance with the deceased’s wishes and applicable laws.

Navigating the legalities of probate and estate administration can be daunting, especially across international borders. Caring Estates specialises in resealing and can make the process so much easier for you by guiding you every step.  Many family members come to Caring Estates feeling lost and confused.  Some feel like giving up but after speaking with the team at Caring Estates, they receive the support needed to continue the process.

If you need help with your estate matters, feel free to contact Hayley Boud on 021 077 7785 to receive the support you need to continue the estate administration process for your loved one.