ISSUE 1
(a) Should there be a scheme of automatic recognition of Australian grants of probate or letters of administration?

(b) If so, what form should that scheme take?

ISSUE 2
(a) Are there any circumstances in which grants of probate or letters of administration made by the courts of overseas countries should be entitled to automatic recognition?

(b) What arrangements should be made for the resealing of overseas grants?

ISSUE 3
Should a grant of probate or letters of administration that has been resealed by the court of the Australian jurisdiction in which the deceased died domiciled be automatically recognised in all other Australian jurisdictions?

ISSUE 4
When a grant or reseal is made by the court of the Australian jurisdiction in which the deceased died domiciled:

(a) should the deceased’s domicile be notified on the grant or reseal;

(b) should the grant or reseal contain a short statement, in simple language, of the effect of automatic recognition?

ISSUE 5
Should automatic recognition be given to:

(a) orders to administer made in favour of a public trustee (or similar officer) by the court of the Australian jurisdiction in which the deceased died domiciled;

(b) elections to administer estates that are filed by a public trustee (or similar officer) or by a trustee company in the court of the Australian jurisdiction in which the deceased died domiciled?

ISSUE 6
(a) Is it necessary to a scheme of automatic recognition to establish a system of notification of grants and other appropriate details?

(b) If so, what form should the system of notification take?

ISSUE 7
Is it necessary for the implementation of the proposed scheme of automatic recognition for the States and Territories to have uniform advertising requirements for the making of an original grant?

ISSUE 8
What provision, if any, should be made in relation to caveats if a scheme of automatic recognition is introduced?

Chapter Five

ISSUE 9
Who should be entitled to apply for the resealing of a grant?

ISSUE 10
(a) Should it be possible for a grant made to several personal representatives to be resealed on the application of only one or some of them?

(b) If so, what conditions should be required before such an application can be made?

ISSUE 11
What provisions should be made for resealing when there is a grant of “double probate”?

ISSUE 12
What provision should be made for resealing where an order has been made substituting an executor or administrator for an executor or administrator named in an original grant?

ISSUE 13
What procedure should be followed in relation to resealing when a trustee company is appointed as executor or administrator or as the attorney of an executor or administrator?

ISSUE 14
What provision should be made for applicants for resealing who are not resident within the jurisdiction of the resealing court?

ISSUE 15
What provision should be made for deemed residence of, and service on, applicants for resealing who are not resident within the jurisdiction where resealing is sought?

ISSUE 16
Should it be possible to reseal all grants of probate and letters of administration, including grants made for special, limited or temporary purposes?

ISSUE 17
Should grants that can be resealed include instruments that are given an effect similar to grants of probate or administration by the law of the country where the instrument was first filed or issued?

ISSUE 18
Should it be possible to reseal an order to administer made in favour of a public trustee or similar officer?

ISSUE 19
(a) Should it be possible to reseal an election to administer?

(b) If so, what provision should be made in relation to resealing an election to administer?

ISSUE 20
Should an applicant for the resealing of a grant be able to apply through a legal practitioner?

ISSUE 21
What functions should the registrar have in relation to resealing?

ISSUE 22

What limitations should be placed on the registrar’s powers in relation to resealing?

ISSUE 23
(a) Should there be a uniform procedure for initiating a resealing application?

(b) If so, what form should it take?

ISSUE 24
What should an applicant for resealing be required to produce to, or deposit with, the registrar?

ISSUE 25
How, if at all, should the model legislation emphasise that resealing is discretionary?

ISSUE 26
(a) In what circumstances should the court require further evidence as to the deceased’s domicile?

(b) What sort of evidence should be required?

ISSUE 27
What further requirements, if any, should be imposed on an applicant for resealing when the application has been delayed beyond a specified period?

ISSUE 28
Should the model legislation provide that a grant, when resealed, is to have the same force, effect and operation as if it had been originally granted by the resealing court?

ISSUE 29
What rights, powers, duties and liabilities should be imposed on an applicant for resealing?

ISSUE 30
Should the applicant for resealing be deemed to be, for all purposes, the personal representative of the deceased in respect of his or her estate within the resealing jurisdiction?

ISSUE 31
Should specific provision be made with respect to the duties and liabilities of a person authorised under a power of attorney who obtains the resealing of a grant?

ISSUE 32
(a) What provision, if any, should be made in relation to caveats against resealing?

(b) What effect should any such caveats have?

ISSUE 33
What provision, if any, should be made in relation to advertising an intention to reseal?

ISSUE 34
What provision, if any, should be made for the provision of security for the due administration of an estate in the resealing jurisdiction?

ISSUE 35
What provision, if any, should be made for notification to the court of original grant of an application for resealing?

ISSUE 36
Should an applicant for a grant or resealing be required to disclose all assets and liabilities wherever situate?

ISSUE 37
What provision, if any, should be made to ensure that such succession duties are paid as would have been payable if the grant had originally been made by the resealing court?

Chapter Six

ISSUE 38
What provision should be made to identify the countries or parts of countries whose grants may be resealed by Australian courts?

Chapter Seven

ISSUE 39
What provision, if any, should be made to allow the resealing of a grant of probate or letters of administration even though the deceased left no property in the resealing jurisdiction?

Chapter Eight

ISSUE 40
What provision, if any, should be made as to the law governing the person to whom a grant or reseal should be made?

Chapter Nine

ISSUE 41
What provision, if any, should be made where an application is made for the resealing of an original grant that has not been made in the jurisdiction in which the deceased died domiciled?