PROBATE ACROSS BORDERS: RESEALING FOREIGN GRANTS OF REPRESENTATION IN T&T

April 12, 2025
By Christine St. Marie

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​Do you have a relative who lived and died overseas, leaving property in Trinidad and Tobago? Do you know that it is possible to distribute the said property, once a general Grant of Representation has been obtained in the jurisdiction where the said relative died through a process referred to as “Resealing the Grant”.

What is Resealing and Why is It Necessary?
Resealing is a procedure whereby a Grant of Representation obtained in one probate jurisdiction is sealed with the seal of the court of another probate jurisdiction, thereby rendering it of like force and effect as a grant sealed within the jurisdiction in which the application for resealing is made.

The Wills and Probate Act, 9:03 (“the Act”) governs the process of resealing. There are also rules to be followed when making a resealing application in the Non-Contentious Business Rules (“the NCBR”) within the Act.

Resealing of Grant is required when a deceased person has left assets in more than one jurisdiction. It is also required in cases where the estate of the deceased is a subject of litigation in a foreign jurisdiction.

A general grant of representation is usually applied for in the jurisdiction where the deceased was domiciled, that being the primary jurisdiction. Having obtained that grant, it gives the grantee the authority to deal with assets in that jurisdiction. That Grant, obtained in the primary jurisdiction, cannot in itself, be utilized in the other jurisdictions, hence the need for resealing.

This Article covers the Resealing of Grants of a Commonwealth country or a
British Court as per Section 85 of the Act which provides:

Where a grant has been issued by probate court of a commonwealth country or a British Court of a foreign country, the executor or administrator has the option of applying to have that grant resealed within Trinidad and Tobago. The effect of resealing is that once the grant is sealed with the court it shall be of like force and effect and have the same operation as if granted in Trinidad and Tobago.

What Steps Should Be Taken Before Starting the Resealing Process?
Prior to commencing the process, it is paramount to confirm that the assets in the foreign jurisdiction do in fact exist and are in the name of the deceased. This can be done through a process known as “calling in the estate” whereby the relevant correspondences are sent to financial institutions (to ascertain that the financial assets of the deceased), conducting searches at the land registry in Trinidad (if the deceased owned real property) or any other type of investigation that may be required to confirm that the assets do belong to the estate.

Who is the proper applicant for the resealing?
An application to seal a grant can be made by the executor or administrator, who must be present in the jurisdiction where it is being made; it can also be made via the attorney under a Power of Attorney of the executor or administrator. An Attorney-at-Law can also make the Application.

What Are the Procedural Steps and Documents Required for Resealing?
According to Rule 56 of the NCBR, an Application to seal a grant of probate or administration or copy thereof under Part II of the Act shall be made in the registry in Port-of-Spain. Where the application is made by an attorney under a Power of Attorney, that Power of Attorney shall be registered in the office of the Registrar General and a certified copy thereof filed with the Application.

Rule 63 of the NCBR states that the grant (or certified copy of the grant) to be sealed must include all testamentary papers admitted to probate.

Preliminary steps include a Notice of Intention to apply for Resealing; this Notice must be published in a local newspaper and must specify the name, place and date of death of the person. The Notice must also be in a prescribed form (Form 24) found in the First Schedule of the Act. It must be advertised by the applicant once a week for two (2) successive weeks in one of the daily local newspapers. After the expiration of fourteen (14) days from the date published, an application to reseal is made in the Registry: Rule 58 NCBR.

Limited Grants
A Court Order must first be obtained in order for a limited, special or temporary grant to be resealed: Rule 65 NCBR. The application is made to the Registrar or Judge in chambers. The applicant will require certain documents as per the NCBR.

Lapse in Time
Rule 64 NCBR provides: when application to seal a probate or letters of administration is made after the lapse of three years from the death of the deceased the reason of the delay is to be certified to the Registrar. Should the certificate be unsatisfactory, the Registrar is to require such proof of the alleged cause of delay as he may think fit. Among the documents required for this is an Affidavit of Delay, giving cogent reason for the delay.

What is the Procedure after Resealing the Grant?
Once the application is successful, the Applicant will receive a Certified copy of the Grant, signed and sealed with the seal of the Court. Thereafter, the Registrar is required to send a notice of the sealing to the court from which the original grant was issued: Rules 66 and 67 NCBR.

In Trinidad and Tobago, a new document known as the “resealed grant of representation”, is issued. The Registrar of the local Court would then inform the Court of the foreign territory that a resealing has in fact occurred in the local territory and the Registrar of the foreign Court where the primary grant is issued would note the file accordingly.
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The grantee in the local territory with the resealed grant would then proceed to administer the estate of the deceased in accordance with the will or the provisions of intestacy. Please note that upon resealing the Grant, the assets will be distributed in accordance with the laws of the country in which the original grant was obtained.

In our next article on resealing of grants, I will explore the requirements and procedure for resealing of grants of non-Commonwealth Countries.

Christine St. Marie is an Associate Attorney at Aurora Chambers. She can be reached at a[email protected]. ​

​Important Notice: This article is for informational purposes only and does not constitute legal advice. Always seek consultation with an attorney for your specific legal concerns, as only a professional familiar with the details of your situation can provide proper guidance. ​

​This website is managed by AURORA Chambers; a law practice in Trinidad and Tobago.

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