Can a Singapore Grant of Probate Be Used in Malaysia?

If a person passes away leaving assets in both Singapore and Malaysia, the family may first obtain a Grant of Probate in Singapore.

But can that Singapore Grant of Probate be used to deal with property, bank accounts or other assets in Malaysia?

In many cases, the Singapore grant cannot simply be presented directly to Malaysian institutions. Instead, it may first need to be resealed by the Malaysian High Court.

What Does “Resealing” a Grant of Probate Mean?

Resealing is a legal process by which a foreign Grant of Probate is recognised by the Malaysian High Court.

Section 52 of the Probate and Administration Act 1959 provides for the resealing in Malaysia of probate or letters of administration granted by a Court of Probate in a Commonwealth jurisdiction.

Section 52. Powers of Court to re-seal

Where a Court of Probate in any part of the Commonwealth has, either before or after the passing of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters of administration so granted, or a certified copy thereof, sealed with the seal of the court granting the same, may, on being produced to and a copy thereof deposited in the High Court, be sealed with the seal of the High Court, and thereupon shall be of the like force and effect, and have the same operation in Malaysia, as if it were a grant made by the High Court:

Provided that-

(a) if it appears that the deceased was not, at the time of his death, domiciled within the jurisdiction of the court from which the grant issued, the seal shall not be affixed unless the grant is such as the High Court would have made; and

(b) before the probate or letters of administration is sealed with the seal of the High Court, the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.

As Singapore is a Commonwealth country, a Singapore Grant of Probate may generally be considered for resealing in Malaysia, subject to the applicable legal requirements.

Once the grant has been resealed, it has effect in Malaysia as if it had been granted by the Malaysian High Court.

When Might Resealing Be Required?

Resealing may be relevant where the deceased obtained probate in Singapore but also owned assets in Malaysia, such as:

• a house or condominium in Johor Bahru or elsewhere in Malaysia;
• Malaysian bank accounts;
• shares or investments;
• vehicles;
• business interests; or
• other assets requiring authority from a Malaysian personal representative.

For example, a person may have lived in Singapore but continued to own a property in Johor Bahru.

The Singapore executor may need the Singapore Grant of Probate to be recognised in Malaysia before taking the necessary steps to deal with that Malaysian property.

Do I Need to Apply for Probate Again in Malaysia?

Not necessarily.

Where the Singapore grant qualifies for resealing, the executor may apply to the Malaysian High Court to have the existing Singapore Grant of Probate resealed instead of making an entirely new application for a Malaysian Grant of Probate.

However, whether resealing is the appropriate procedure depends on the particular circumstances, including the nature of the foreign grant, the deceased’s domicile and the Malaysian assets involved.

What Documents May Be Required?

The precise documents depend on the estate and the Court’s requirements, but commonly relevant documents may include:

• the Singapore Grant of Probate;
• a certified copy of the Grant where required;
• the Will;
• death certificate;
• executor’s identification documents;
• information concerning the deceased’s Malaysian assets; and
• documents relating to Malaysian property, bank accounts or investments.

Additional documents or evidence may be required depending on the circumstances.

What If the Singapore Grant Is Letters of Administration Instead?

Resealing is not limited to Grants of Probate.

Section 52 of the Probate and Administration Act 1959 also applies to Letters of Administration granted by an appropriate Court of Probate within the Commonwealth.

However, additional requirements may apply when Letters of Administration are being resealed, including requirements relating to security.

For a general explanation of the difference between the two grants, read our guide on Probate vs Letters of Administration in Malaysia.

What Happens After the Singapore Grant Is Resealed?

Resealing gives the executor or administrator recognised authority in Malaysia, but it does not necessarily complete the administration of the estate.

Further steps may still be required to deal with individual Malaysian assets.

For example, Malaysian property may need to be transmitted, transferred to beneficiaries or sold. Banks and investment institutions may also have their own estate administration requirements.

If the estate includes property or other assets in Johor, you may learn more about our Probate Lawyer in Johor Bahru services.

What If the Executor Lives in Singapore?

An executor living in Singapore may still need to administer Malaysian estate assets.

Depending on the circumstances, much of the preliminary communication and preparation may be handled remotely, although particular documents, Court procedures or asset-related transactions may require specific arrangements.

The executor should also understand his or her responsibilities when administering the estate.

Read more: Executor of a Will in Malaysia: What Does an Executor Actually Do?

Singapore Probate and Malaysian Assets

A Singapore Grant of Probate does not necessarily have to be replaced by an entirely new Malaysian probate application.

Where the requirements for resealing are satisfied, the Malaysian High Court may recognise the Singapore grant through the resealing process, allowing the executor to proceed with the administration of the deceased’s Malaysian assets.

TEH & YU assists executors and families with Probate and Estate Administration in Malaysia, including matters involving foreign grants and Malaysian assets.

For estates involving assets in Johor, you may also view our Probate Lawyer in Johor Bahru page.

If you have already obtained Probate in Singapore and the deceased also owned assets in Malaysia, you may contact TEH & YU with details of the Singapore grant and Malaysian assets for an initial assessment of the appropriate procedure.

The information above is provided for general informational purposes only and does not constitute legal advice. The availability and requirements of resealing depend on the nature of the foreign grant, the deceased’s domicile, the Malaysian assets involved and the circumstances of the particular estate.