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Reseal of Hong Kong grant of probate in Australia

  • September 4, 2024

Home " Legal Blog " Wills and Deceased Estate Administration " Reseal of Hong Kong grant of probate in Australia

Reseal of Hong Kong grant of probate in Australia

Our probate lawyers regularly reseal grant of probates issued in Hong Kong for use in Australia. We service all State Supreme Courts. Given that many Hong Kong residents are Australian citizens or Australian permanent residents, we have a large number of clients who have property located in both Hong Kong and Australia. When they pass away, we are able to assist families with completing the necessary legal paperwork to ensure that probate is granted smoothly at a cost effective rate.

Why do you need to obtain a grant of probate and reseal for Hong Kong and Australia?

You need to obtain a grant of probate in either Hong Kong or Australia then apply for a reseal of the grant of probate in the other jurisdiction generally because the original Will is deposited in the court when a grant of probate is finalised. This means that the second court you want to apply for probate will generally want to see a copy of the Will and would require a reseal of the grant of probate from another jurisdiction where the Will is deposited.

Should I first apply for probate in Hong Kong or Australia?

To decide which jurisdiction is more appropriate to first apply for probate, one approach would be to determine which jurisdiction has more assets compared to the other jurisdiction. For example, if your deceased relative had five properties in Hong Kong and one property in Australia then Hong Kong probate should be granted before applying for a reseal of the Hong Kong probate in Australia. In this respect, Hong Kong lawyers generally charge a lot more legal fees compared to Australian lawyers to either apply for a grant of probate or apply for reseal of foreign grant so legal fees should not be a factor about which jurisdiction you choose first. Another factor to consider is how familiar you are with the application process in both jurisdictions. Although Hong Kong and Australia share a common law history grounded in British legal norms, their court processes and rules for obtaining probate are vastly different.

When is applying for a grant of probate and then reseal not necessary?

The second option involves you obtaining a grant of probate in both Hong Kong and Australia. This approach would be useful if your deceased relative did not have a Will and you wanted to avoid potential issues related to misunderstandings a law firm might have with resealing a foreign grant of probate. You will need to apply for letters of administration (i.e. grant of probate where there is no Will attached) in one jurisdiction. You can then either apply for a reseal of the letters of administration or apply for letters of administration in the second country.

What documents and information are required for resealing a Hong Kong grant of probate in Australia?

Our Australian probate lawyers will need a certified copy of the Hong Kong grant of probate. We also need an affidavit and inventory of assets and liabilities. This information will be obtained once you engage our law firm to act.

How long does it take to obtain a reseal of a Hong Kong grant of probate?

It takes between 3-4 weeks as there is an advertisement period of 14 days.

Why choose our Australian lawyers to reseal your Hong Kong probate?

Our law firm has significant experience (i.e. more than three decades) resealing Hong Kong grants of probate. We often deal with Hong Kong legal documents given that we are an accredited specialist in immigration law and have a highly regarded international notary public notarising documents for use in jurisdictions such as Hong Kong.

If you would like to learn more, please contact our office.

Forwarded article.

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