The Resealing of a Grant of Probate From Another Jurisdiction

resealing probate

Property of the deceased in each jurisdiction he or she owned assets will require a resealing of the grant of probate.

When the deceased person owns assets requiring probate in more than one jurisdiction, it is necessary for the executor to obtain a grant of probate in one area where the deceased owned assets, and then have the same grant resealed in each other jurisdiction where the deceased owned assets.

In British Columbia the statute known as the Probate Recognition Act, RSBC 1996  allows for such resealing of the grant from another jurisdiction,  in British Columbia .

The law is clear that without the receiving of the grant of probate in British Columbia, an executor who has been granted probate by a foreign court , including another province, has no status to deal with assets within British Columbia  Re Fisher 57 WWR 552 (BCSC)

In determining whether to resealed grant of probate, a court is entitled to satisfy itself that the original will and grant of probate was, as a matter of form, made in accordance with the laws of the originating jurisdiction .as a practical matter however, the resealing court does not undertake the kind of in-depth inquiry that is made when the court considers proof in solemn form  Plantz v Plantz (1995) 7 WWR 205

The resealing process is largely and administrative step required to facilitate the execution of a will based in a foreign jurisdiction and subject to the laws of that jurisdiction.

Things such as the mental capacity of the deceased and his legal obligations with respect to the estate are governed by the originating jurisdiction

In the decision George estate, Re (1945 ) 3 WWR 520 ( Sask KB),  the court stated that ” resealing of letters probate merely gives legal recognition in Saskatchewan to the original grant and authorizes the grantee to carry out in that province the powers conferred by the original Grant. There can be no alteration in the terms of the grant and no change in the executor or administrator named therein.”

Accordingly a court in British Columbia on resealing application , cannot remove the executor or alter the terms of the grant of probate made in a foreign jurisdiction, such as another province.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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