How to Reseal a Foreign Grant in Barbados: A Step-by-Step Guide for Personal Representatives
When a loved one passes away, managing their estate can be challenging, especially when your loved one held assets in multiple countries. In this article, we’ll guide you through the process of how a Personal Representative, appointed by a foreign court, can apply to have their grant "resealed" in Barbados. This legal step is crucial if the deceased held assets in Barbados, as the foreign grant alone does not provide authority to manage or distribute those assets.
Resealing a foreign grant is an essential legal step that allows a Personal Representative to extend their legal authority to administer the estate in Barbados, ensuring a smooth administration of the estate and the proper distribution of assets to beneficiaries.
In this article, we will guide you through the steps required for a Personal Representative, appointed by a foreign court, to apply for the grant to be "resealed" in Barbados.
What is Probate?
Probate is the legal procedure that validates the will of the deceased and formally appoints a Personal Representative—whether an executor or administrator—who will be responsible for managing and distributing the estate. The Court oversees this process, ensuring all legal requirements are met. Once a grant of administration is issued, it provides the Personal Representative with the legal authority to settle debts, distribute assets, and fulfill other obligations related to the estate.
Probate of Foreign Assets
When an individual dies leaving assets in a jurisdiction different from their place of residence, probate may also be required in that foreign jurisdiction. In such cases, the Personal Representative may need to seek to extend their legal authority in each country where the deceased held assets. This process is known as probate of a foreign grant.
In Barbados, a foreign grant of probate can be recognized through a legal process called resealing. This allows the foreign executor or administrator to manage foreign assets located in Barbados without having to initiate a full probate process locally.
Resealing of Probate in Barbados
The resealing process in Barbados is governed by the Probates and Letters of Administration (Resealing) Act, CAP 247 (‘the Resealing Act’). By understanding the procedural requirements set out in this legislation, executors and administrators can ensure they are fully prepared to apply for the resealing of a foreign grant.
Who Can Apply for Resealing in Barbados?
According to section 3(2) of the Resealing Act, the following individuals are eligible to apply for a foreign grant to be resealed in Barbados:
Personal Representatives: The executor or administrator of the estate, as appointed by the foreign court.
Authorized Agents: Individuals acting under a valid Power of Attorney from the Personal Representative.
Barbados-Based Attorneys: Attorneys registered in Barbados who are acting on behalf of the Personal Representative or authorized agents.
Before proceeding, it is important to establish who will make the application for resealing, whether it is the Personal Representative directly or through an appointed agent or attorney.
Publication of Notice for Resealing
Once the applicant is identified, they must publish a notice in a daily newspaper circulating in Barbados at least 21 days before submitting the application. The notice should include:
A statement that the applicant intends to apply for the resealing of the foreign grant.
The name and last address of the deceased.
An invitation for any individual wishing to oppose the resealing to file a caveat with the Registrar.
This publication step is crucial to applying for resealing in Barbados.
(See section 3(3) of the Resealing Act.)
Documents Required for the Resealing Application
To apply for the resealing of a foreign grant, the following documents must be submitted to the Registrar:
Certified Copy of the Grant: The original or a certified copy of the foreign grant, sealed by the court that issued it.
Copy of the Will: If applicable, a certified copy of the deceased's will.
Affidavit of Advertisement: Evidence that the required notice has been published in the local newspaper.
Power of Attorney: If the application is being made by an agent, the Power of Attorney that authorises them to act, along with an affidavit confirming that the Power of Attorney has not been revoked.
Proof of Domicile: Evidence regarding the domicile of the deceased may be requested by the Registrar
Providing these documents will ensure that the requirements for resealing foreign probate grants in Barbados are met.
(See section 3(4) of the Resealing Act.)
Caveats to the Resealing Application
Any individual who opposes the resealing of a foreign grant has the right to file a caveat with the Registrar by the deadline specified in the newspaper notice. Lodging a caveat temporarily halts the resealing process until the issue is resolved by the High Court.
This process is similar to the filing of probate caveats for local estates and allows interested parties to contest the resealing of foreign probate grants.
(See section 4 of the Resealing Act.)
While this article won't cover all the specifics of caveats, it's important to note that the procedure for lodging caveats in Barbados is governed by Rules 35-42 of the Supreme Court of Judicature (Non-Contentious) Probate Rules, 1959.
Resealing of Grants of Administration by the Registrar
After submitting the application and supporting documents, and if no caveat has been filed, the Registrar will review the application. The Registrar may raise queries, and once all necessary conditions are met, the grant will be resealed.
(See section 5 of the Resealing Act.)
Effect of Resealing
Once resealed, the foreign grant has the same effect as if it were issued by the High Court of Barbados. This means that the Personal Representative is granted full authority to manage the deceased's assets in Barbados and must comply with all relevant duties and obligations under Barbadian law.
Resealing allows the Personal Representative to efficiently handle foreign estate assets in Barbados, ensuring that the estate is managed in compliance with Barbadian law.
(See section 6 of the Resealing Act.)
Duties of Executors and Administrators After Resealing
Once a foreign grant has been resealed, the Personal Representative is legally responsible for managing the estate in Barbados. This includes:
Settling any outstanding debts.
Distributing assets to beneficiaries.
Fulfilling any necessary tax obligations
If the Personal Representative has authorized another person to act on their behalf, that person must provide a full account of their administration of the estate in Barbados.
The executor’s duties and responsibilities in Barbados are therefore the same as if they were locally appointed under a High Court grant in Barbados.
(see section 6 of the Resealing Act)
Guidelines for Executors and Administrators
Here are some practical steps for executors and administrators seeking to reseal a foreign grant of probate in Barbados:
Identify the Applicant: Determine who will make the application, whether it is the Personal Representative of the foreign grant, their authorized agent, or a local attorney.
Engage the Services of an Attorney: Consider working with a Barbados-based attorney specializing in probate and estate matters who will guide you through the resealing process and ensure all legal requirements are met.
Gather the Required Documentation: Ensure you have the necessary documents prepared:
Original foreign grant / Certified copy of the foreign grant.
Certified copy of the will (if applicable).
Proof of domicile at the time of death (if required by the Registrar).
Publish Notice and Respond to Caveats: Follow the legal requirement to publish notice of the application in a local newspaper. This must be done at least 21 days prior to filing the application. Be prepared to address any caveats (objections) that may be lodged by interested parties.
Meet Local Legal Obligations: Make sure that any expenses owed in relation to the estate in Barbados are identified and settled. Your attorney can help ensure compliance with all local obligations, including the distribution of assets in accordance with Barbadian law.
Conclusion
Resealing a foreign grant in Barbados is a crucial legal step for executors and administrators managing the estate of a deceased individual with assets in Barbados. The resealing process allows you to extend your authority to deal with these assets effectively and in accordance with Barbadian law.
While the process may seem complex, the guidance of an attorney can help you navigate the legal requirements, manage the necessary documentation, and ensure that the estate is properly administered.
Questions?
If you are a Personal Representative seeking to reseal a foreign grant of probate in Barbados, feel free to reach out with any questions you may have.
To get in touch with our office, click here, and we’d be happy to assist.
