111Reseal of grant made in certain countries

111 Reseal of grant made in certain countries (1) This section applies if a court of competent jurisdiction in a relevant country has, whether before or after the commencement of this Act, granted probate of a will, administration of an estate or an order to collect and administer an estate. (2) The following persons may, after producing the probate, administration or order referred to in subsection (1) to the Registrar and depositing a copy of it with the Registrar, apply to the Court to have it sealed with the seal of the Court, and the Court may seal it accordingly: (a) for probate of a will: (i) the executor to whom the probate was granted; or (ii) a person authorised by that executor, under a power of attorney, to make the application; or (iii) the executor, by representation, of the will; (b) for administration of an estate: (i) the administrator to whom the administration was granted; or (ii) the person authorised by that administrator, under a power of attorney, to make the application; (c) for an order to collect and administer an estate – a Public Trustee in the relevant country to whom the order was granted. (3) The Rules may exempt a person from producing the probate, administration or order to the Registrar or depositing a copy of it with the Registrar. (4) If an application is made under subsection (2) the Registrar may seal the probate, administration or order in the name and under the seal of the Court and if the Registrar does so the probate, administration or order is taken to have been sealed by the Court.

Administration and Probate Act 1969 56 (5) However, the Registrar must not seal the probate, administration or order without an order of the Court if: (a) a caveat has been lodged; or (b) it appears to the Registrar to be doubtful whether the probate, administration or order should be sealed. (6) If a probate or administration is sealed under subsection (2) or (4): (a) the probate or administration has the same force, effect and operation as if it had been originally granted by the Court; and (b) the applicant under subsection (2) must perform the same duties and be subject to the same liabilities as if the probate or administration had been originally granted by the Court and the applicant was the person to whom the probate or administration had been granted. (7) If an order to collect and administer an estate is sealed under subsection (2) or (4), the applicant has the same duties and is subject to the same liabilities as if the applicant was the Public Trustee under the Public Trustee Act 1979. (8) The Court, may, before or after a probate, administration or order to collect and administer an estate is sealed under subsection (2) or (4), require the applicant to give security for the proper administration of the estate to which it relates. (9) In this section, a reference to an order to collect and administer an estate includes a reference to an exemplification of the order.