When the Supreme Court issues an executor or administrator a Grant of Probate or Letters of Administration in Western Australia, that Grant gives the executor or administrator the legal right and ability to deal with the deceased person’s assets in Western Australia.

However, when assets are held outside of Western Australia, an extra step is required to enable the executor or administrator to deal with those assets.

This is easily dealt with when a deceased person holds assets, such as real property, interstate as it is a simple process of having the Grant of Probate “resealed” in another State or Territory.

However, when a deceased person has assets overseas, the executor or administrator will need to follow the estate laws in the relevant country in which those assets are owned and seek a grant or equivalent authority from the courts of that country to deal with the overseas assets.

This is a fairly simple process for the UK and Wales, where a Grant can also be “resealed”.

However, for other countries, an administrator or executors will need to engage local estate practitioners to comply with the relevant laws and obtain a grant or equivalent.

If you have international assets, you should instruct a law firm in each country in which you own assets to prepare a Will for you that deals with those countries’ assets. This will ensure that in the event you pass away, the process to have your Will formalised and recognised by that country will be much simpler. You also need to ensure that you receive tailored advice to your circumstances as well as the relevant laws of that country.

Similarly, Grants from overseas can also be resealed in Western Australia, in circumstances where the Grant is made in countries that are in “His Majesty’s Dominions”, which include New Zealand, the United Kingdom, India, and Canada.

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