When someone with assets in Australia made a will overseas, or their estate was dealt with by a foreign court, the Australian probate registry will usually need to see those documents in English.
Last reviewed 30 October 2026 against official sources.
The Supreme Court of New South Wales explains that a grant of probate or administration is usually applied for in the court of the state or country where the deceased person was residing when they died. In Australian states and territories, that court is the Supreme Court of the relevant state or territory. If the deceased owned assets in more than one country, it may be necessary to apply in more than one place.
The same page notes that, depending on the type, size and value of the assets in NSW, a reseal or fresh grant may not be needed at all, but that one will be needed if the deceased had real estate in NSW.
A reseal lets a grant made elsewhere take effect in the state for assets located there. The NSW Supreme Court says it will only reseal grants made in countries of the “Commonwealth Realm” where the Queen is, or was at the time of the grant, Head of State, giving the United Kingdom, New Zealand, Papua New Guinea and Solomon Islands as examples. It also lists countries whose recent grants cannot be resealed, including Malta, South Africa, Pakistan, India, Sri Lanka, Fiji, Hong Kong and the Republic of Ireland.
If a grant cannot be resealed, the Court says it may be necessary to apply for a new grant in NSW. Where the overseas court keeps the original will, the application is made for a grant of a copy of the will as contained in the overseas grant, which usually means obtaining an exemplification from that court.
The NSW Supreme Court probate checklist sets out what to file in these situations. Where the original will is held by a foreign court, it says to file a court-authorised or sealed copy of the will, noting that a certified copy is not sufficient, and to file a certified translation if the will is in a language other than English. A copy of the will and any translation is attached to the draft grant (Form 112).
The checklist also says that if the deceased died overseas, a certified translation of the death certificate is required.
The NSW Supreme Court notes that while probate law in other Australian states and most Commonwealth countries is similar to NSW, there can be significant differences in some overseas countries about the validity of wills and who is entitled on intestacy. It says that generally the law that applies is the law of the place where the person was residing, as distinct from visiting, when they died. That is a question for a lawyer, and it can decide which foreign documents are needed.
Each Supreme Court has its own probate rules and forms. The NSW material above is a useful example, but if the estate is in another state or territory, check that court’s probate registry before ordering translations.
We translate every page you upload, including seals, stamps and marginal notes. For handwritten wills, send the clearest scan you can; anything illegible is marked as illegible rather than guessed.
A translation filed with a probate registry should be certified. It is translated and certified by a NAATI certified translator. A professional translation (non-certified) can help an executor or family member read a foreign will before seeing a lawyer. Some registries also ask for a translator’s affidavit. Translator affidavits are quoted separately, where available.
We are translators, not lawyers, and we do not advise on estates or on which court to apply to. Confirm the requirements with the probate registry or your lawyer before you order. See our wills and probate translation page, or upload your documents for a quote.
We translate what your documents say. We do not advise on their legal effect, and we cannot confirm whether a particular court or agency will accept them. Please check requirements with the receiving body or your lawyer.
The NSW Supreme Court probate checklist says to file a certified translation if the will is in a language other than English. Other states have their own rules, so check with the relevant Supreme Court.
No. The NSW Supreme Court says it only reseals grants from countries of the Commonwealth Realm, and lists several countries whose recent grants cannot be resealed. Other states set their own rules.
Yes, provided it can be read. Send the clearest scan you have. Any word that cannot be read is marked as illegible in the translation.
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