Resealing of Probate - the process of dealing with NZ assets if a person dies whilst overseas

If a deceased person has assets in New Zealand valued over $15,000, a grant of probate or letters of administration will be required before the New Zealand assets can be dealt with by the executors of the Estate. This rule applies regardless of whether someone is a New Zealand resident or citizen.

If the deceased lived in a commonwealth country at their date of death and a grant was issued in that country authorising the executors to administer the estate, then the overseas grant can be resealed here in New Zealand, so that the New Zealand assets can be dealt with.

A New Zealand solicitor will file the grant made in the court of another commonwealth country in the High Court (along with other required documents), and the High Court will put a second seal on it. The second seal takes the document from a grant that is only valid in the country in which it was originally issued to a grant that is valid in New Zealand as well.

Other than for grants made in Hong Kong, a reseal can only be made where the original grant was made in a commonwealth country..

For advice regarding whether a reseal is required or for assistance with a reseal application contact Nick Feast and Kerry Reed at DTI lawyers.

Ph: 07 282 0174