Reseal Grant of Probate In Malaysia
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.
When petitioning for the resealing of a foreign grant, the lawyer in Malaysia will normally request for the following documents:-
- 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 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.
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