Reseal Grant of Probate In Malaysia: An Overview

What is Resealing Grant of Probate (GP) or Letter of Administration (LA)

The process to reseal grant of probate or letter of administration is required where a deceased person owned properties in Malaysia and a foreign grant has been given by a court outside of Malaysia. This process allows a foreign grant to be recognized and enforced in Malaysia.

• Section 52 of the Probate and Administration Act 1959 empowers the High Court to reseal a grant of probate or letters of administration issued by a Court of Probate in any Commonwealth country.
• Section 51 of the Probate and Administration Act 1959 further provides the definition of Commonwealth country to include any other country that the Yang di-Pertuan Agong may direct to be included by notification published in the Gazette.

Distribution of Assets

Generally, upon a death of a person, his movable assets (such as bank accounts, shares/stocks, motor vehicles etc.) will be distributed according to the law of the testator’s domicile. On the other hand, his immovable properties (such as land, real estate etc.) will be governed by the law of the country where the property is situated.

By way of illustration, if a Singaporean passes away domiciled in Singapore and having his assets in Singapore only, then it is clear-cut to apply for a grant of representation in Singapore. Conversely, if a Singaporean passes away domiciled in Singapore with property located in both Singapore and overseas (such as Malaysia) the executor or administrator of the deceased will have to apply for the Malaysian court to reseal the grant of probate/letter of administration obtained in Singapore prior to dealing with the property in Malaysia. Similarly, the Malaysian court has the power to reseal the probate or letter of administration granted by a Court of Probate in any part of the Commonwealth, for example, the United Kingdom and India etc.

Legal Process of Resealing GP or LA

To initiate the process, the applicant must file a petition with the court and submit a certified copy of the original grant, which must be produced and deposited in court. Additionally, the administrator or their attorney must provide security through a bond to ensure the proper administration of the estate. In some instances, the court may also require the administrator or attorney to furnish security for the payment of debts owed to creditors residing in Malaysia. The petition is heard in chambers by a judge or a registrar.

Documents You Need To Prepare To Reseal GP or LA

When petitioning for the resealing of a foreign grant, the following documents must be prepared:-

• At least 4 copies of the foreign grant sealed and certified by the foreign court as true copies.
• Certified true copies of the death certificate.
• List of liabilities and assets of the deceased in Malaysia including documents evidencing the deceased’s ownership on the property. It is important to include the deceased’s property in Malaysia to the list of assets of the original foreign grant.
• Certified true copies of the passport of the executor/administrator.
• Translated documents (if required).
• Administration oath and supporting affidavit sworn by the executor/administrator.
• Any other documents deemed necessary by the Malaysian court or lawyer from time to time.

Further, for resealing of letter of administration, the administrator shall give a bond as a form of security prior to the court’s hearing. This is to ensure the due administration of the estate, yet this requirement can be dispensed with subject to the court’s discretion.  Always bear in mind that the resealing of probate or letter of administration is a matter of discretion by the Malaysian court. For example, the application to reseal may not be granted if it appears that the deceased was not, at the time of his death, domiciled within the jurisdiction of the court from which the original grant is issued.

When Can the Court Refuse to Reseal a Foreign GP or LA

The court may refuse to reseal the probate or letters of administration if it determines that the deceased was not domiciled within the jurisdiction of the court that issued the grant at the time of their passing, unless the grant is of a type that a High Court in Malaysia would have issued under similar circumstances.

Legal Effect After Resealing GP or LA

When a foreign grant is resealed in Malaysia, the Malaysian court will issue a Notice of Resealing to the original court from which the grant was issued. Thereupon the resealed grant will have the like force and effect in Malaysia as it did in its original jurisdiction. It will confer upon the executor/administrator the rights and obligations to deal with the deceased’s property in Malaysia. Resealing of grant from abroad is more efficient than applying for a fresh grant of representation in Malaysia, and resealing of a foreign grant is more time and cost effective compared to the latter.

Get Free Legal Consultation From Our Probate Lawyer Now