Resealing of Grants

• Author: Karen Nunez-Tesheira
• Pages: 398-413

398 / Probate Practice and Procedure

INTRODUCTION

Resealing is the procedure by which a grant of representation obtained in

one probate jurisdiction is sealed with the seal of the court of another

probate jurisdiction, rendering it of equal force and effect as a grant sealed

within the jurisdiction in which the application for resealing is made.1

Applications to reseal are usually made in circumstances where a

deceased person has either left assets to be administered within more than

one probate jurisdiction or, in other cases, in order that legal proceedings

with respect to the estate of a deceased person may be brought or defended

within another probate jurisdiction. It is a convenient and relatively

expedient procedure as it obviates the necessity of applying for an ancillary

grant which would otherwise be necessary, depending on the jurisdiction

concerned.2However, most of the Caribbean territories limit the probate

jurisdiction from which resealing applications can be made.

APPLICATION FOR RESEALING

Anguilla, Dominica, Grenada, Guyana, Jamaica, Montserrat,

St Christopher & Nevis, St Vincent & the Grenadines and Trinidad & Tobago3

These territories restrict resealing applications to grants of representations

issuing out of Britain, a British court in a foreign country or a colonial or

Commonwealth territory.

Antigua &Barbuda4

Grants issuing out of a Commonwealth country or such other country as

Cabinet may approve may be resealed in Antigua. Further, by virtue of

Statutory Instrument 31 of 1993 Cabinet by a decision dated February

10, 1993, approved the United States as a country from which resealing

applications may be made.

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Resealing of Grants

Resealing of Grants / 399

The Bahamas5

Apart from British, Commonwealth and colonial grants, grants of

representation issuing out of the United States of America may be resealed

in The Bahamas.

Barbados and St Lucia6

Grants of representation issuing from any country may be resealed in these

territories save that in the case of St Lucia, Arts 1152A and 1152B of the

Civil Code Ch. 242 expressly provides that:

(a) the proper and due authentication of the relevant grant must in

addition be proved by a certificate under seal of a British Diplomatic

or Consular Officer exercising his functions in such place.

(b) want of a seal does not of itself invalidate a grant or other equivalent

instrument provided that the authenticating person or authority

certifies that such person has no seal or if the Judge or Registrar is

satisfied as to its authentication otherwise.

All jurisdictions

It is to be noted that with respect to England the Colonial Probates Act

1892 (U.K.) and other Acts passed thereafter regulate the resealing of grants

in Britain. These Acts together with the Colonial Probates Act, Application

Order 1965, make provision for the resealing in England of grants issuing

out of a number of territories including the countries listed above.7

PROCEDURE AND DOCUMENTS REQUIRED IN

GENERAL8

An application to reseal is made ex parte by lodging the requisite documents

in the Probate Section of the High/Supreme Court Registry. The application

may be made by the personal representative(s), the grantee(s), or, as is

often the case, by a person so authorised by the personal representative(s).9

In Barbados the application may also be made by an attorney-at-law

registered in Barbados acting on behalf of any personal representative or

grantee.10

However as with other non-contentious probate applications, certain

preliminary steps may need to be taken prior to the substantive application.