There is no doubt that Jamaicans have spread their wings beyond the Island’s shores, with the result being that there are many Jamaicans living in the diaspora. Often, these Jamaicans have not only acquired assets in their countries of domicile, but also in Jamaica, and being prudent individuals, have created wills that dispose of the assets in the foreign country, as well as in Jamaica. Some, however, are not so prudent, leaving the assets in Jamaica unaccounted for. When a person passes away abroad, with assets in Jamaica, the executor, or administrator (where there is no will), usually obtains a grant of probate or administration for the estate in the country of the deceased’s domicile, but relatives may, as well, be left to also grapple with the question, “so how do we deal with the assets a yaad?” This is where the process of resealing comes into play. 

Resealing is the process by which a grant of probate or administration, from an overseas court, is recognised by the Supreme Court of Jamaica (the “Court”) and given power to be acted on in Jamaica. The Probates (Re-sealing) Act (the “Act”), is the relevant legislation that lays out the application procedure, and what is required to successfully have a foreign grant resealed. 

Historical background

Resealing has its roots in the Colonial Probates Act (1892) (the “CPA”), which came from the United Kingdom. Several other acts were passed mirroring the CPA throughout the Caribbean, and Jamaica was no exception. In the past, only grants from British or Commonwealth courts enjoyed the convenient resealing procedure to deal with assets in Jamaica. In 2015, however, the Act was amended to delete the restriction of the resealing procedure only to grants issued in Commonwealth or British/colonial courts, and, consequently, the procedure now includes all foreign grants, once the Court is satisfied that same have been properly issued. 

Process and required documents

From the outset, it is to be stated that the resealing process is much shorter than the ordinary application for a grant of probate or administration. This application in Jamaica is made by the person to whom the grant was made abroad, or by any agent of that person, authorised in writing to apply. The application is made to the Court, and commences by the filing of the standard draft advertisement (which is the notice that the grant is to be resealed) with the Court. The Court will then approve the advertisement, and ask that the applicant advertise the notice in the newspaper for two consecutive weeks. Once advertised, proof of same must be sent to the Court to show that the instruction was carried out. 

It is also to be noted that the Registrar of the Court (the “Registrar”), may require evidence that the deceased was domiciled in the jurisdiction in which the grant was issued, especially when the evidence on the affidavit shows domicile that differs from that in the grant. It follows that resealing may not take place unless it is shown that the grant would be issued by the Court. Therefore, it is imperative that if the deceased moved, evidence must be led to show that he/she had connections with the jurisdiction, as well as that this grant would have been given in the Court had it been applied for in same. 

After the advertisement, the following documents are filed with the Court:

  1. 1. The oath of executor or administrator;
  2. 2. A certified copy of the foreign grant of probate or administration;
  3. 3. A certified copy of the death certificate of the deceased;
  4. 4. Draft grant of probate/grant of administration;
  5. 5. Other supporting affidavits depending on the circumstances.

Once these documents are filed, the Registrar will examine same, and direct the amount of stamp duty to be paid on the documents, which will be a flat fee based on the value of the estate. The Registrar is also required to give notice of the resealing of the grant to the foreign court from which the grant was issued.

Where all documentation is in order, and the requisite fees are paid, the application will be granted by the Registrar, and the duly authenticated copy of the grant from the foreign court will be sealed with the seal of the Court, and the draft grant of probate/ grant of administration will be attached, and signed by the Registrar.

One need not go through the full process of an application for probate or administration if a grant from a foreign jurisdiction has already been granted. Once an applicant has the documents in place, he/she may make the application for resealing, which will deal with the deceased’s assets in Jamaica. It is highly advisable that you consult a knowledgeable attorney-at-law when treating with the administration of estates, especially where such estates span multiple jurisdictions.