Re Cummings (deceased)

[2025] QSC 201

SUPREME COURT OF QUEENSLAND

CITATION:

Re Cummings (deceased) [2025] QSC 201

PARTIES:

IN THE ESTATE OF ALAN CUMMINGS
(deceased)

ANDREW PETER JOHNSTONE (AS THE AGENT OF RICHARD ASHTON)
(applicant)

FILE NO:

SE03143 of 2025.

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

20 August 2025

DELIVERED AT:

Brisbane

HEARING DATE:

Application on the papers

JUDGE:

Sullivan J

ORDER:

1. Pursuant to section 4(1) of the British Probates Act 1898 (Qld) and rule 619 of the Uniform Civil Procedure Rules 1999 (Qld), the court reseals the grant of Letters of Administration with Will made by the High Court of Justice England and Wales, Newcastle District Probate Registry, in respect of the deceased Alan Cummings.

2.   There be no order as to costs.

CATCHWORDS:

SUCCESSION – PROBATE AND LETTERS OF ADMINISTRATION – FOREIGN GRANTS – RESEAL – JURISDICTION AND GENERALLY – where the deceased died in the United Kingdom, leaving property in Queensland – where Richard Ashton was granted Letters of Administration with Will by the High Court of Justice England and Wales, Newcastle District Probate Registry, on a limited basis – where the registry were prevented from resealing the limited grant by rule 619 of the Uniform Civil Procedure Rules 1999 (Qld) – whether the foreign grant of Letters of Administration with Will ought to be resealed.

British Probates Act 1898 (Qld), s 4(1)

Uniform Civil Procedure Rules 1999 (Qld), r 619

SOLICITORS:

Ascendia Lawyers for the applicant.

1. HIS HONOUR: I have before me an application which has been requested to be adjudicated on the papers. This application seeks the resealing of the grant of Letters of Administration with Will made by the High Court of Justice of England and Wales, Newcastle District Probate Registry. I note that rule 616 of the Uniform Civil Procedure Rules 1999 (Qld) (“UCPR”) provides as follows:

   “616         Who may apply for reseal of foreign grant

   An application for the resealing of a foreign grant may be made by the executor or administrator, or a person lawfully authorised for the purpose by the executor or administrator.”

2. I am satisfied that this application has been made by a person lawfully authorised for the purpose of obtaining the resealing of a foreign grant sought by the administrator under the United Kingdom grant. Accordingly, the application is properly brought by a person with standing to make the application. I note that section 4(1) of the British Probates Act 1898 (Qld) provides as follows:

   “4     Sealing in Queensland of British probates and letters of administration

   (1)     When a court of probate in a part of Her Majesty’s dominions to which this Act applies has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, the Supreme Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect and have the same operation in Queensland as if granted by that court.

   …”

1. I note that there is no probate or succession duty applicable in Queensland for the estate.  I also note, there is no indication in the affidavit material that there are any creditors of the estate in this state.  I note that the United Kingdom is included in the list of jurisdictions to which the British Probates Act 1898 (Qld) applies.

2. Accordingly then, I am satisfied that that section allows for the resealing of the grant of Letters of Administration which have been obtained in the United Kingdom.  The only issue in this case is that there was a limited grant.  The grant of probate on 4 December 2024 from the relevant court sitting in its Newcastle District was to a Richard Ashton, but subject to the limitation that it is “the lawful attorney of Ben William Cummings for his use and benefit until further representation be granted.”

3. I see no reason why that limited grant should not be resealed in this jurisdiction. The deceased had died on 20 February 2024 in the United Kingdom and in particular, in England and Wales, leaving property in Queensland. The affidavit evidence shows that Mr Richard Ashton was granted Letters of Administration with Will by the High Court of Justice of England and Wales on 4 December 2024, albeit on that limited basis. The only reason why it seems that the matter was not addressed in the registry was that rule 619 of the UCPR provided that, “the registrar must not reseal a special, limited or temporary foreign grant, unless the court otherwise orders.”

4. Appropriately, the registry identified that because there was a limited grant it had to go to the court for the order of a judge of this court.  I am satisfied that I have jurisdiction to reseal the grant and that it is appropriate in the circumstances for me to do so.  It is appropriate for the administration of the estate to be done in both a timely and efficient manner so as to cause the least incurring of costs.  Unhelpfully, I was not given a draft order identifying the specific relief which is sought.  Accordingly, I will have regard to the application itself. 

5. The order will be that:

   1. Pursuant to section 4(1) of the British Probates Act 1898 (Qld) and rule 619 of the UCPR, the court reseals the grant of Letters of Administration with Will made by the High Court of Justice England and Wales, Newcastle District Probate Registry, in respect of the deceased, Alan Cummings.

   2.   There be no order as to costs.