General Principles
What is resealing of grants?
Resealing of grants arises where the deceased has assets in more than one jurisdiction.
Who is eligible to apply for resealing?
The personal representative that had obtained the Grant of Representation.
By the attorney of the person
What must be done before filing for resealing?
A Notice of Intention to Reseal must be published in a widely circulated newspaper.) Form P16
Which legal rule governs resealing in the ECSC?
ECSC Rules 2017, Rule 30.)
When is a special court order required for resealing
Special limited or temporary grants are not to be resealed without an order of the court.
What legal framework formalized resealing in the Caribbean?
The various Probate (Resealing) Acts within the Commonwealth territories.)
Can someone apply on behalf of the someone
Yes, an agent authorized by a power of attorney can apply.
How long must one wait after the advertisement before filing?
At least 7 days prior to the filing of the application for resealing.
What must be done after the grant is resealed?
The local Supreme Court must notify the original issuing court
What are other documents needed ?
Affidavit of Delay where applicable
Affidavit of Facts– to speak to the execution of facts.
Why is resealing necessary in different jurisdictions?
A grant issued in one country does not automatically have legal effect in another, requiring resealing to administer local assets.
What must be included in a power of attorney for resealing
The power must be registered and specifically authorize the donee to apply for resealing.
What forms are required for resealing in Eastern Caribbean jurisdictions?
Application on oath – Form P17, and supporting affidavits.
An application for resealing is made by filing at the registry.
An application to reseal a grant of letters of administration shall be made in accordance with the provisions of these rules.
What document(s) governs the resealing of grants
1. The Eastern Caribbean Supreme Court (Non-Contentious 2017, No. 69 Probate and Administration of Estates) Rules, 2017
2. Probate Resealing Act
Bonus- Ms Graham Davis Manual on Probate Practice Procedure
What are the conditions before resealing a Grant ?
The Court shall be satisfied-
That stamp duty has been paid in respect of so much, if any, of the estate as is liable to stamp duty in Antigua and Barbuda; and
In the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in Antigua and Barbuda to which the letters of administration relate.
Which regions commonly allow resealing?
Commonwealth territories historically allow resealing due to their legal ties to England.Eg. Antigua and Barbuda , St. Kitts and Nevis
Can some one Apply in Antigua and Barbuda
Yes.
What must be included in an application for resealing?
the original grant, or a duplicate certified copy thereof under the seal of the court of issue;
an official copy of any will to which it relates;
a copy of the advertisement under paragraph (2);
where the application to reseal a grant is made more than 3 years after the death of the deceased, an affidavit explaining the delay;
a declaration and account of the estate of the deceased in Form P6, limited to the property within the Member State in which the application for resealing is made;
an affidavit of facts setting out the place of execution of the will; and
What Act is used in St. Kitts ?
Probate Resealing Act
What happens if the deceased was not domiciled in the issuing court’s jurisdiction?
The grant may not be resealed unless it aligns with local court standards.
Can a U.S. grant be resealed in Commonwealth jurisdictions?
Traditionally no, but some Commonwealth jurisdictions have amended laws to allow it.
BONUS What role does the High Court play in resealing applications?
The application must be filed in the High Court of the jurisdiction where assets exist.
Where and when can resealing of Grant be applied ?
The personal representative who had obtained a grant of representation (e.g., grant of probate, grant of letters of administration with Will annexed and/or letters of administration) in the jurisdiction where the deceased was domiciled [i.e., the country where the deceased had his permanent or fixed place of abode] can apply or have his agent apply to reseal the grant in one of the Caribbean jurisdictions where the deceased had assets.
BONUS What is the fundamental principle behind resealing a Grant ?
It ensures legal authority to administer assets in multiple jurisdictions while recognising the original grant of representation.
What happens if a resealed grant is later amended or revoked?
Notice of any amendment or revocation of the grant shall be sent to the court by which it was resealed.