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resealing

Polish translation: ponowne zatwierdzenie testamentu

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:resealing
Polish translation:ponowne zatwierdzenie testamentu
Entered by: doreen28

10:59 Mar 16, 2016
English to Polish translations [PRO]
Law/Patents - Law (general) / Prawo spadkowe
English term or phrase: resealing
Form P1 (Rule 25-2 (3))
In the Supreme Court of British Columbia
Notice of Proposed Application in relation to Estate
(...)
Take notice that:
Before obtaining the foregoing grant or resealing, the applicant may be granted the authorization to obtain estate information or an authorization to obtain resealing information, as the case may be, in relation to that grant or resealing for the purposes of obtaining financial information in relation to the grant or resealing.
doreen28
ponowne zatwierdzenie testamentu
Explanation:
Wills issued in another country of province have to be probated again in British Columbia.

cccccccccc

If the original grant of probate in another Canadian province, the United Kingdom, and certain other members of the British Commonwealth listed in this Regulation, then the grant may be “resealed” in British Columbia pursuant to the Probate Recognition Act. The list does not by any means include all Commonwealth provinces and countries. For example, only two Australian provinces are included. Hong Kong is included in the regulation, but it may be that because Hong Kong is no longer a British possession, the Probate Recognition Act does no apply.

To reseal the grant in British Columbia, the executor makes an application in the Supreme Court of British Columbia. The procedures are set out in Rules 21-5 (61)-(68) of the Supreme Court Civil Rules. The application includes an affidavit of executor and an affidavit of notice, which are very similar to the affidavits filed in support of a probate application (see my post on probate applications). The main difference is that instead of filing the original will, the executor files a copy of the grant of probate certified by the court in the province or country where the probate was granted.

http://rulelaw.blogspot.com/2009/01/resealing-probate-in-bri...
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Division 5 — Foreign Personal Representatives, Resealing Foreign Grant and Ancillary Grant

Resealing foreign grant and ancillary grants
138 (1) On application by a foreign personal representative, the court may reseal a foreign grant made in another province or in a territory of Canada or in another prescribed jurisdiction.

(2) A foreign personal representative who applies for the resealing of a foreign grant must
(a) give notice of the application in accordance with the Supreme Court Civil Rules,
(b) disclose information as required under the Supreme Court Civil Rules concerning the property of the deceased person situated in British Columbia that the foreign personal representative seeks to administer, and
(c) if the application relates to a foreign grant of administration with or without will annexed and security is required to be provided under section 128 [security for administration of estates], provide security in an amount approved by the court.
(3) On a resealing with the seal of the court, the foreign grant
(a) has the same effect in British Columbia as if it were issued by the court, and
(b) is, with respect to property situated in British Columbia, subject to any order of the court to which a representation grant issued by the court with respect to the same property would be subject.
(3.1) The registrar of the court may reseal a foreign grant in the circumstances described in subsection (1) if the application to reseal the foreign grant is
(a) unopposed, and
(b) made in accordance with the applicable Supreme Court Civil Rules.
(4) If a foreign grant cannot be resealed under this section, the court may make an ancillary grant of probate or administration to the foreign personal representative.
Selected response from:

Frank Szmulowicz, Ph. D.
United States
Local time: 10:14
Grading comment
Dziękuję :)
4 KudoZ points were awarded for this answer



Summary of answers provided
2 +1ponowne zatwierdzenie testamentu
Frank Szmulowicz, Ph. D.


Discussion entries: 1





  

Answers


16 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
ponowne zatwierdzenie testamentu


Explanation:
Wills issued in another country of province have to be probated again in British Columbia.

cccccccccc

If the original grant of probate in another Canadian province, the United Kingdom, and certain other members of the British Commonwealth listed in this Regulation, then the grant may be “resealed” in British Columbia pursuant to the Probate Recognition Act. The list does not by any means include all Commonwealth provinces and countries. For example, only two Australian provinces are included. Hong Kong is included in the regulation, but it may be that because Hong Kong is no longer a British possession, the Probate Recognition Act does no apply.

To reseal the grant in British Columbia, the executor makes an application in the Supreme Court of British Columbia. The procedures are set out in Rules 21-5 (61)-(68) of the Supreme Court Civil Rules. The application includes an affidavit of executor and an affidavit of notice, which are very similar to the affidavits filed in support of a probate application (see my post on probate applications). The main difference is that instead of filing the original will, the executor files a copy of the grant of probate certified by the court in the province or country where the probate was granted.

http://rulelaw.blogspot.com/2009/01/resealing-probate-in-bri...
cccccccccccccccccc
Division 5 — Foreign Personal Representatives, Resealing Foreign Grant and Ancillary Grant

Resealing foreign grant and ancillary grants
138 (1) On application by a foreign personal representative, the court may reseal a foreign grant made in another province or in a territory of Canada or in another prescribed jurisdiction.

(2) A foreign personal representative who applies for the resealing of a foreign grant must
(a) give notice of the application in accordance with the Supreme Court Civil Rules,
(b) disclose information as required under the Supreme Court Civil Rules concerning the property of the deceased person situated in British Columbia that the foreign personal representative seeks to administer, and
(c) if the application relates to a foreign grant of administration with or without will annexed and security is required to be provided under section 128 [security for administration of estates], provide security in an amount approved by the court.
(3) On a resealing with the seal of the court, the foreign grant
(a) has the same effect in British Columbia as if it were issued by the court, and
(b) is, with respect to property situated in British Columbia, subject to any order of the court to which a representation grant issued by the court with respect to the same property would be subject.
(3.1) The registrar of the court may reseal a foreign grant in the circumstances described in subsection (1) if the application to reseal the foreign grant is
(a) unopposed, and
(b) made in accordance with the applicable Supreme Court Civil Rules.
(4) If a foreign grant cannot be resealed under this section, the court may make an ancillary grant of probate or administration to the foreign personal representative.

Frank Szmulowicz, Ph. D.
United States
Local time: 10:14
Works in field
Native speaker of: Native in EnglishEnglish, Native in PolishPolish
PRO pts in category: 2095
Grading comment
Dziękuję :)

Peer comments on this answer (and responses from the answerer)
agree  mike23
1 hr
  -> Dziękuję Michale.
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