Resealing of a Foreign Grant of Probate: Legal Framework and Considerations 

The reseal of a will is a crucial legal process that allows a foreign grant of probate or letters of administration to be recognised in another jurisdiction. This procedure is particularly relevant for estates involving assets located across multiple countries, ensuring that executors can administer the estate without unnecessary duplication of legal proceedings. 

A. Legal Framework 

In jurisdictions such as Cyprus, the Probate (Resealing) Law (Cap.192) provides for the resealing of grants issued by probate courts in British territories or Commonwealth countries. The law stipulates that: 

• A probate grant or letters of administration issued by a recognised foreign court may be resealed by a local district court. 
• Upon resealing, the foreign grant carries the same legal effect as if it had been originally issued by the local court. 

The process applies to grants from British territories or courts with jurisdiction under the Colonial Probates Act 1892. However, certain jurisdictions, such as Ireland, fall outside this framework, as confirmed in Re Fiona Whelan (2016), where the court refused to reseal an Irish grant. 

Key Requirements for Resealing 

Before issuing a reseal order, the court must be satisfied that: 

1. Inheritance tax (if applicable) has been duly paid. 
2. A sufficient security bond has been provided where necessary. 
3. The original grant of probate was issued by a competent foreign court. 

The application requires submission of: 

• A power of attorney from the executor 
• A surety bond (if applicable) 
• An affidavit in support of the application 
• The original grant of probate or administration 

Additionally, notice of the application must be published in official and local newspapers, and a copy of the resealed grant must be sent to the issuing court. 

C. Judicial Precedents and International Considerations 

Recent case law confirms that courts have limited discretion to intervene in resealing matters. In Re Efstathiou (2020), the court ruled that resealing does not allow substantive reconsideration of the foreign grant but merely ensures compliance with local probate law. 

Certain bilateral treaties, such as the Cyprus-Russia Legal Assistance Treaty (1986), may exempt foreign wills from resealing altogether, recognising them automatically under simplified legal procedures (Re Rostovskaya (2019)). 

Conclusion 

The resealing process streamlines international estate administration, ensuring that foreign probate grants are recognised without initiating separate legal proceedings. However, applicants must ensure compliance with the statutory requirements and applicable treaties to avoid procedural obstacles.