Managing Jamaican Property with a Grant of Probate that was Issued in a Foreign Country: The Resealing Process Explained

In an increasingly global world, it is not uncommon for individuals to pass away while holding property in more than one country. If a loved one has died overseas but left behind assets in Jamaica, such as real estate, bank accounts, or other investments, you may need to reseal the foreign Grant of Probate or Letters of Administration in Jamaica to legally access and manage those assets.

What Is Resealing a Grant?

"Resealing" refers to the process by which the Supreme Court of Jamaica formally recognizes a foreign grant of probate or letters of administration. Once the foreign grant is resealed, it carries the same legal weight as if it had been issued by the Jamaican courts. This authorizes the executor or administrator named in the original grant to deal with the deceased’s Jamaican assets in accordance with local law.

Why Is Resealing Necessary?

If the deceased held assets in Jamaica but obtained a grant of representation from a foreign jurisdiction (e.g., the United States, Canada, the United Kingdom), that foreign grant has no legal effect in Jamaica until it is resealed. This is essential for:

• Accessing local bank accounts

• Transferring or selling real estate

• Dealing with local investments or business interests

• Ensuring compliance with local tax and property regulations

Without resealing, executors may be unable to administer or protect Jamaican assets, potentially exposing the estate to unnecessary delays, loss of value, or legal disputes.

Who Can Apply to Reseal a Grant in Jamaica?

An application for resealing can be made by the executor, administrator, or their attorney. The foreign grant must have been issued by a jurisdiction whose probate process is recognized under Jamaican law, commonly referred to as a "reciprocating country." These include most Commonwealth jurisdictions and some others designated by Jamaican legislation.

Steps Involved in Resealing a Grant in Jamaica

While each case may vary depending on the estate’s complexity and jurisdiction of origin, the general steps involved are:

1. Consultation with a Jamaican Attorney - An attorney will review the foreign grant and confirm whether it qualifies for resealing in Jamaica. Legal advice is essential at this stage to avoid procedural delays.

   
   

2. Gathering Required Documents - These typically include:

   • Certified copy of the foreign Grant of Probate or Letters of Administration

   • Certified copy of the Will (if applicable)

   • Original or certified copy of the deceased’s death certificate

   • Inventory or schedule of Jamaican assets

   • Identification and contact information for the executor or administrator

     
     

3. Publication of Notice - A notice of the intended application must be published in a local newspaper (as required by Jamaican Civil Procedure Rules) to alert any potential creditors or interested parties.

   
   

4. Filing the Application - The attorney will file the application for resealing with the Supreme Court of Jamaica, along with supporting affidavits and documentation.

   
   

5. Court Review and Resealing Order - If the application is in order, the Supreme Court will issue an order resealing the grant. This allows the executor or administrator to act in Jamaica with full legal authority.

   
   

6. Dealing with Jamaican Assets - Once resealed, the executor can present the grant to banks, the Titles Office, the Companies Office, or any other institution holding the deceased’s Jamaican property. Assets can then be transferred, sold, or distributed in accordance with the Will or applicable laws.

   
   

Why Choose a Jamaican Attorney for This Process?

While the resealing process may appear procedural, errors in documentation or non-compliance with Jamaican court rules can cause delays or even rejection of the application. A qualified Jamaican attorney:

• Ensures compliance with the Probate (Resealing) Act and Civil Procedure Rules

• Advises on taxation, property law, and estate administration

• Communicates with local institutions to expedite access to Jamaican assets

• Represents your interests and protects the integrity of the estate throughout the process

Be sure to consult an Attorney, as the foregoing information is intended for general informational purposes only and does not constitute legal advice.