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Where am I now? Lawlink > Law Reform Commission > Publications > Issues Paper 21 (2002) - Uniform Succession Laws: Recognition of interstate and foreign grants of probate and letters of administration
Issues Paper 21 (2002) - Uniform Succession Laws: Recognition of interstate and foreign grants of probate and letters of administration Contents Terms of reference 1. INTRODUCTION 2. THE RESEALING SYSTEM
DOMICILE OVERSEAS SCHEMES Automatic recognition in the United Kingdom The position in the United States of America The Hague Convention EXISTING COMMONWEALTH LEGISLATION EARLIER AUSTRALIAN PROPOSALS The Barwick proposals WALRC proposals 4. AUTOMATIC RECOGNITION OF AUSTRALIAN GRANTS: PROPOSALS
Continued resealing of Australian grants AUTOMATIC RECOGNITION OF GRANTS RESEALED IN THE DECEASED’S DOMICILE DETAILS OF THE SCHEME Matters to be notified on the grant Automatic recognition of elections and orders to administer Notification to other jurisdictions AUTOMATIC RECOGNITION AND SAFEGUARDS IN THE RESEALING PROCESS Advertising Caveats AUTOMATIC RECOGNITION AND OTHER AREAS OF SUCCESSION LAW 5. A UNIFORM RESEALING PROCEDURE
INSTRUMENTS THAT MAY BE RESEALED All grants of probate and administration Instruments given an effect similar to grants of probate and administration
Elections to administer Applying in person or through a legal representative Resealing by the court or the registrar Commencing an application for resealing Documents that must be produced to the court The power to reseal Finding as to domicile Time limits EFFECTS OF RESEALING Force and effect of a resealed grant Imposition of duties and liabilities of a personal representative Applicant deemed to be the personal representative of the estate DUTIES AND LIABILITIES OF A PERSON AUTHORISED BY POWER OF ATTORNEY CAVEATS ADVERTISEMENT OF INTENTION TO RESEAL SECURITY NOTIFICATION TO COURT OF ORIGINAL GRANT DISCLOSURE OF ASSETS AND LIABILITIES SUCCESSION DUTY 6. COUNTRIES WHOSE GRANTS MAY BE RESEALED 7. JURISDICTIONAL ISSUES 8. CHOICE OF LAWS ISSUES: THE PERSON TO WHOM THE GRANT WILL BE MADE
Immovable property England New Zealand RESEALING South Australia England PRELIMINARY VIEW 9. RESEALING WHERE ORIGINAL GRANT NOT MADE IN DOMICILE APPENDIX A |
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