Shari-Lee Crooks/Contributor

The resealing of a grant (or in case of intestacy, Letters of Administration), refers to the process by which a probate obtained in another jurisdiction, is given legal effect in Jamaica.

This is very common in countries like Jamaica which has an extensive diaspora, many of whom maintain assets in other countries, while still having Jamaican assets. This procedure is provided for in the Probate (Resealing) Act.  Section 3 gives effect to the re-seal process and provides that the Supreme Court seal on the relevant document will give the probate or administrative document the same effect as if the Jamaican Court of Appeal had granted it originally.

Of course, for this procedure to be necessary the deceased would have had to have assets in Jamaica that need to be administered to properly wrap up their estate. That is usually property or bank accounts that need to be handed over and were provided for in the will of the deceased.

If the Jamaican assets were not provided for in the will, then they will be handled by the intestacy process, and that will be a separate administration. The administrators of the estate in the foreign jurisdiction can apply to do the same in Jamaica.

Similarly, the executor in the will of the deceased will be the person who applies for re-sealing the will in Jamaica, and they will then have the authority over the Jamaican assets as they do over the foreign assets.

The grant or probate properly executed, will need to be presented to the Supreme Court along with the required application form called a P. 12 (a sample is provided in the Civil Procedure Rules). If the deceased died with a will, the will should also be attached to the application that is made to the court. It is important that this can be a certified copy and need not be the original grant or original will.

There must also be proof that an advertisement was paid for in local news media.

Advertising is an important part of most succession procedures, in order to give the public, who may be familiar with the estate, a chance to either provide information or come forward with a claim if they have standing to do so. The application must be used as an advertisement and run for the required time. Proof of that advertisement must be presented with the other documents to the Supreme Court.

In order for the grant or probate to be resealed there must be provisions made to pay duties/taxes owed by the estate to the local jurisdiction. It matters not if taxes similar to those are paid in the foreign jurisdiction. The local assets must be assessed for duties as well. There must also be an undertaking for the payment of any debts owed in the jurisdiction.

These provisions have to be made before any distributions can be made, similar to what would be obtained in an estate that only has Jamaican assets.

It is important to get the proper legal advice when handling these matters as the estate will not be considered ‘properly wound up’ if all assets are not handled, even if the ones in their country of domicile, are properly handled. It is the responsibility of the executor to properly investigate the deceased and ensure all their assets are dealt with, including those that might exist in different jurisdictions.