Checklist · Wills, Estates, Probate & Succession

Reseal of a grant and interstate or overseas assets (NSW)

A checklist for recognising, in New South Wales, a grant made elsewhere: when section 107 needs a reseal, which grants the Supreme Court says it will reseal, and when to ask the asset holder first.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
New South Wales
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use when the deceased left assets in New South Wales and a grant has been, or will be, made in another Australian jurisdiction or overseas. It is not the reseal application.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may list the assets and the existing grant against this checklist; the practitioner decides whether the Court's published list still allows a reseal.

AI may

  • Record where the deceased lived, where each asset is, and which court has issued a grant
  • Quote the Court's published list of places, including the places it says cannot now be resealed
  • Flag New South Wales real estate as needing a reseal or a fresh grant, in the words of the Court's page

AI must not

  • Must not add a country to the list the Court published
  • Must not say a bank will release an asset without a reseal; the page says each asset holder sets its own requirements
  • Must not draft the reseal application or any affidavit

The lawyer checks

  • The grant to be resealed is an original, an exemplification, or a court-sealed certified copy, as the page requires
  • The country of the grant is checked against the Court's current page, not against this checklist alone
  • New South Wales real estate is identified before anyone assumes a reseal is unnecessary
  • Superannuation and life insurance are not assumed to be estate assets, and the trustee's requirement for a grant is asked, not guessed

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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