{"id":18774,"date":"2026-10-21T14:21:16","date_gmt":"2026-10-21T03:21:16","guid":{"rendered":"https:\/\/chuatan.com.au\/?p=18774"},"modified":"2026-10-21T14:21:16","modified_gmt":"2026-10-21T03:21:16","slug":"overseas-probate-notarial-documents-claim-australian-assets","status":"publish","type":"post","link":"https:\/\/chuatan.com.au\/en\/overseas-probate-notarial-documents-claim-australian-assets\/","title":{"rendered":"Using Overseas Probate Documents to Claim Australian Assets"},"content":{"rendered":"
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A relative has died in China, Taiwan, Malaysia or Indonesia. The family has already been through the local process: a notary has issued an inheritance certificate, a court has made an order, or a grant has been issued. Then someone remembers the bank account in Melbourne, the shares on the ASX or the apartment in Sydney. The natural question is whether the paperwork already obtained overseas will be enough in Australia.<\/p>\n

Sometimes it helps a great deal. Often it is not enough by itself. Australian courts, banks and land registries each have their own requirements, and the answer depends on the type of overseas document, the country it came from and the value and type of the Australian asset.<\/p>\n\n

Common overseas documents<\/h2>\n

Chinese inheritance notarial certificates<\/h3>\n

In mainland China, an inheritance is usually confirmed by an inheritance notarial certificate (\u7ee7\u627f\u6743\u516c\u8bc1\u4e66) issued by a Chinese notary office, or by a People’s Court judgment where the heirs disagree. These documents identify the heirs under Chinese law, but they are not grants of probate or letters of administration. An Australian court will not reseal them. They can, however, be valuable evidence in an Australian application, for example to show who the next of kin are or that the family has agreed how the estate is to be shared.<\/p>\n

Taiwanese documents<\/h3>\n

Taiwan does not have a probate grant system like Australia’s. Heirs generally establish their entitlement through household registration records, an heirship table, tax clearance for estate tax and, where needed, a notarised division agreement or a court decision. Like Chinese certificates, these documents are evidence rather than grants that can be resealed.<\/p>\n

Malaysian grants<\/h3>\n

Malaysia, like Australia, uses grants of probate and letters of administration, issued by the High Court, and for smaller estates there are also orders under the small estates legislation. A Malaysian grant is the closest equivalent to an Australian grant of the documents discussed here. Whether it can be resealed depends on the Australian state where the assets are.<\/p>\n

Indonesian documents<\/h3>\n

Indonesian heirs typically rely on a statement or certificate of heirship, which may be issued by a notary, by local government officials, or by a court determination, depending on the family’s background and the asset. These are not grants and cannot be resealed in Australia, but they can support an Australian application.<\/p>\n\n

Resealing versus a fresh grant<\/h2>\n

Resealing<\/strong> means an Australian Supreme Court puts its seal on a grant made elsewhere, giving it the same effect as a local grant. It is usually quicker than starting again because the overseas court has already examined the Will and the executor’s appointment.<\/p>\n

Resealing is only available for grants from certain places, and each state sets its own list. In New South Wales, the Supreme Court currently reseals grants from other Australian states and territories and from Commonwealth realm countries such as the United Kingdom and New Zealand. The NSW Court has specifically said that recent grants from places such as Hong Kong, India and South Africa cannot be resealed there. Other states have different rules, so a grant that cannot be resealed in one state may be accepted in another. Notarial certificates and heirship statements cannot be resealed anywhere in Australia because they are not grants.<\/p>\n

Where resealing is not possible, the usual alternative is a fresh Australian grant<\/strong>. Depending on the circumstances this may be:<\/p>\n