The word “resealing” in British Columbia estate law refers to the process where a will has been proved in different jurisdiction and needs to be probated in B.C. because there is asset or assets in the Province of British Columbia that need to be dealt with after the passing of an individual.

The Process

The process to reseal a foreign grant is similar to the process for applying for a grant of probate. The main difference with resealing a foreign grant as compared to a grant of probate is that the schedule of assets/inventory lists only those in British Columbia as it is assumed that a different jurisdiction outside of British Columbia has already dealt with assets outside of British Columbia.

Terms of the Grant

In a resealing of a foreign grant, the terms of the grant in the original jurisdiction cannot be changed. The executor or administrator from the original jurisdiction must remain the same as that listed on the resealing application.

If a will does not require probate

If a will does not require probate in the original jurisdiction where the deceased resided, a grant for probate or a grant of administration may still be required within British Columbia depending on the types of assets the deceased held at the time of death, and whether the local institutions are prepared to release those assets or require a grant of probate or grant of administration.

Applying for a resealing of a foreign grant can be complicated. Open Door Law can assist you in the process. Contact us by email or complete our general consultation form today.