Resealing of Foreign Grant of Probate in Malaysia
Has a Grant of Probate or Letters of Administration already been obtained overseas, but the deceased also left property, bank accounts, shares or other assets in Malaysia? In appropriate cases, the foreign grant may be resealed by the Malaysian High Court so that the estate representative can administer the Malaysian assets.
What Does “Resealing” a Foreign Grant Mean?
A Grant of Probate or Letters of Administration obtained overseas does not necessarily give the executor or administrator authority to deal directly with assets situated in Malaysia.
Where the foreign grant qualifies for resealing, an application may be made to the High Court of Malaya for the foreign grant to be recognised and resealed in Malaysia.
Once resealed, the grant has effect in Malaysia and can be used, subject to the relevant requirements, for the administration of the deceased's Malaysian estate assets.
A Common Cross-Border Estate Situation
For example, a person may have lived and passed away in Singapore, the United Kingdom or Australia and probate has already been obtained there.
It is later discovered that the deceased also owned a condominium, bank account, shares or other assets in Malaysia.
The family then needs to determine whether the foreign grant can be resealed in Malaysia before those Malaysian assets can be administered.
Can a Foreign Grant Be Resealed in Malaysia?
Section 52 of the Probate and Administration Act 1959 provides for the Malaysian High Court to reseal qualifying Grants of Probate and Letters of Administration issued by a Court of Probate in a part of the Commonwealth.
Foreign Grant Already Obtained
A Grant of Probate, Letters of Administration or equivalent grant has already been issued by the relevant foreign court.
Qualifying Jurisdiction
The country or jurisdiction in which the grant was issued must fall within the applicable Malaysian resealing provisions.
Malaysian Assets
The deceased has assets in Malaysia that need to be collected, transferred, transmitted or otherwise administered.
Court Requirements
The application must satisfy the Malaysian High Court's requirements, including any issue concerning the deceased's domicile and supporting evidence.
Foreign Estates Commonly Involving Malaysian Assets
Cross-border estate matters frequently arise where a deceased person lived overseas but retained property or investments in Malaysia. Examples may include estates connected with:
The above are examples only. Eligibility for resealing should be considered based on the particular foreign grant and circumstances of the deceased's estate.
What Malaysian Assets May Need to Be Administered?
Resealing may become relevant where the deceased left assets situated or registered in Malaysia, including:
- Residential or commercial property
- Condominiums and other strata properties
- Malaysian bank accounts
- Shares and investments
- Business or company interests
- Other assets registered in the deceased's name
Why Is the Foreign Grant Not Enough by Itself?
Probate and estate administration authority is generally territorial. A foreign grant does not simply operate as a Malaysian grant merely because the same executor or administrator has already been appointed overseas.
Malaysian banks, land authorities, companies and other institutions may require legal authority recognised in Malaysia before allowing the deceased's assets to be dealt with.
Resealing provides a mechanism, where available, for the existing foreign grant to acquire effect in Malaysia.
Resealing a Foreign Grant in Malaysia: General Process
The precise documents and procedure depend on the foreign grant and estate. A typical matter may involve the following stages.
Review the Foreign Grant
We review the Grant of Probate, Letters of Administration or equivalent foreign representation together with the relevant estate information.
Determine Whether Resealing Is Available
We consider the jurisdiction issuing the foreign grant, the deceased's domicile and other relevant circumstances to determine the appropriate Malaysian procedure.
Identify the Malaysian Estate Assets
Details of the deceased's Malaysian property, bank accounts, investments and other relevant assets are gathered for the application and subsequent estate administration.
Prepare and File the High Court Application
The relevant application, affidavit and supporting documentation are prepared and filed with the High Court.
Resealing of the Foreign Grant
Once the Court's requirements have been satisfied and the application is allowed, the foreign grant may be resealed for use in Malaysia.
Administration of Malaysian Assets
The executor or administrator may then proceed with the relevant steps to collect, transfer, transmit or otherwise administer the Malaysian estate assets.
Documents We May Need to Review
Depending on the estate, relevant documents may include:
- Foreign Grant of Probate or Letters of Administration
- Will of the deceased, where applicable
- Death certificate
- Identification documents of the executor or administrator
- Documents concerning the deceased's domicile
- Property title or property documents in Malaysia
- Malaysian bank or investment information
- Other documents relating to Malaysian estate assets
You Can Contact Us From Overseas
If you are the executor, administrator or beneficiary of an overseas estate, you may send us copies of the relevant documents for an initial review.
We can first consider whether resealing appears to be the appropriate procedure before advising on the documents and steps required.
Resealing vs a Fresh Malaysian Probate Application
Whether resealing or a fresh Malaysian application is required depends on where the original grant was issued and the legal circumstances of the estate.
Where the Foreign Grant Qualifies for Resealing
Instead of commencing an entirely separate application for a fresh Malaysian grant, the existing foreign grant may, subject to the Court's requirements, be presented for resealing in Malaysia.
Once resealed, it generally has the same effect in Malaysia as a grant issued by the Malaysian High Court.
Where Resealing Is Not Available
If the foreign grant does not qualify for resealing, a different Malaysian estate administration procedure may be required.
This may include an application for a fresh Grant of Probate or Letters of Administration in Malaysia, depending on the circumstances.
What If the Deceased Owned Property in Malaysia?
Malaysian property is one of the most common reasons an overseas executor or administrator needs assistance after obtaining probate abroad.
Resealing the foreign grant does not by itself complete the transfer of the property.
Once the appropriate Malaysian authority has been obtained, further estate and conveyancing steps may be required to transmit or transfer the deceased's interest in the property to the appropriate beneficiary or otherwise deal with the property as part of the administration of the estate.
Probate + Property Assistance
TEH & YU practises in both probate and estate administration and conveyancing.
Where the Malaysian estate includes real property, we can therefore assist not only with the relevant probate or resealing process but also with subsequent property-related documentation and registration where appropriate.
Learn more about Transfer of Deceased Property in Malaysia →
How TEH & YU Can Assist
We assist overseas executors, administrators, beneficiaries and family members with cross-border estate matters involving assets situated in Malaysia.
Review Foreign Grant
Reviewing the foreign probate or administration grant and determining the appropriate Malaysian procedure.
High Court Application
Preparing and attending to the application to reseal the foreign grant where appropriate.
Estate Administration
Assistance with the subsequent administration of the deceased's Malaysian estate assets.
Malaysian Property
Assistance with relevant property transmission, transfer and conveyancing matters following the estate application.
Related Probate & Estate Services
Frequently Asked Questions
What does resealing a Grant of Probate mean?
Resealing is a procedure by which a qualifying foreign Grant of Probate or Letters of Administration is recognised and sealed by the Malaysian High Court. Once resealed, the grant has effect in Malaysia for the administration of the relevant Malaysian estate assets.
Can a Singapore Grant of Probate be used in Malaysia?
A Singapore grant may potentially be resealed in Malaysia under the applicable Malaysian probate legislation, subject to the circumstances of the estate and the requirements of the Malaysian High Court.
Can a UK Grant of Probate be resealed in Malaysia?
A UK grant may potentially qualify for resealing in Malaysia, subject to the applicable statutory and Court requirements. The particular grant and the deceased's circumstances should first be reviewed.
Can Australian probate be resealed in Malaysia?
An Australian grant may potentially qualify for resealing in Malaysia. Eligibility and the appropriate procedure should be confirmed from the grant itself, the relevant jurisdiction and the circumstances of the deceased's estate.
Can every foreign Grant of Probate be resealed?
No. Malaysian legislation provides for resealing of qualifying foreign grants, but not every grant issued anywhere in the world is automatically eligible. The jurisdiction, deceased's domicile, type of grant and other relevant circumstances must be considered.
What happens if the foreign grant cannot be resealed?
A fresh Malaysian probate or estate administration application may be required depending on the circumstances. We can review the foreign grant and Malaysian assets before advising on the appropriate route.
Do I need to come to Malaysia personally?
Whether personal attendance or execution of particular documents is required depends on the application and the circumstances of the estate. Overseas executors and administrators may contact us first by providing copies of the relevant documents for review.
Can you assist with the Malaysian property after resealing?
Yes. As TEH & YU also handles conveyancing matters, we can assist with relevant property transmission, transfer or other conveyancing steps after the necessary estate authority has been obtained, where appropriate.
Foreign Probate but Assets in Malaysia?
Send us a copy of the foreign Grant of Probate or Letters of Administration together with brief details of the deceased's Malaysian assets. We can review whether resealing appears to be the appropriate Malaysian procedure.