These days, with the ever growing market and career opportunities, it is especially common for Malaysian citizens to pass away with assets in both Malaysia and Singapore, and possibly in other countries as well. Typically, the personal representatives of the deceased Malaysian citizen consult a Malaysian lawyer to obtain the Grant of Probate or the Grant of Letters of Administration from the Malaysian Courts.
Unfortunately, the Grant of Probate or Letters of Administration obtained in Malaysia is limited to the administration of the deceased’s estate within Malaysia. In case the deceased individual possessed assets in other countries, the personal representative must either reseal the Malaysian Grant of Probate/Letters of Administration or initiate a new application for a Grant in the specific countries where the asset is.
While we are at it, other than Malaysian Grants of Probate/Letter of Administration, the High Court in Singapore has the authority to seal foreign Grants of Probate or Letters of Administration issued by a Court in a Commonwealth jurisdiction or the courts in Hong Kong. However, if the deceased was a resident of a non-Commonwealth country, the personal representative seeking the Grant would need to file a new petition for a grant in Singapore.
The Following Documents are Necessary for The Resealing of a Malaysian Grant of Probate or Letters of Administration in Singapore.
In most cases, the process of applying for the Memorandum of Resealing for a Malaysian Grant is comparable to applying for a new Grant of Probate or Letters of Administration in Singapore. The applicant must also be the recipient of the Malaysian Grant.
To facilitate the resealing of the Malaysian Grant, the Singapore Court requires the submission of the following documents:-
- the original Malaysian Grant or a Court Certified True Copy of it.
- a notarised copy of the identification documents belonging to the Grantee mentioned in the Malaysian Grant.
- Comprehensive information regarding the assets present in the Singapore estate, including their details and value.
It is important to highlight that either the Original or Court Certified True Copy of the Malaysian Grant must be provided to the Singapore Court. There have been situations where the personal representative or the law firm handling the deceased’s affairs has presented electronic copies of the Malaysian Grant, claiming that the Malaysian Courts only provide electronic copies and nothing else.
We would like to emphasise the importance of obtaining the Court Certified True Copy of the Malaysian Grant. It is crucial to ensure that the copy acquired from the Malaysian Court bears the embossed seal of Malaysian Grant, as this indicates that it is the correct and valid document.
The Procedure for Resealing a Malaysian Grant of Probate or Letter of Administration in Singapore Consist of The Following Steps:
- The initial application is initiated by filing the Ex-parte Originating Summons, along with the Statement and the Engrossed Malaysian Grant (and, if necessary, the Will).
- The High Court may request additional evidence to confirm the domicile of the deceased in Malaysia.
- Once the initial application approved, the Malaysian Grantee must sign a Supporting Affidavit and Administration Oath in the presence of a Commissioner for Oaths/Notary Public. These signed documents are then filed in Court.
- If required, the Malaysian Grantee may conduct inquiries to determine the extent of assets in Singapore. If so, a Supplementary Affidavit needs to be signed to finalise the Schedule of Assets once the relevant financial institutions respond to the inquiries.
- If all requirements are met, the Singapore Court will issue a notice indicating that an Order-in-Terms has been granted for the application, along with a notice to extract the Memorandum of Resealing.
- After the Memorandum of Resealing is obtained, the resealed grant will hold the same legal force and effect in Singapore as if it were originally granted by the High Court to the Malaysian Grantee.
- The Malaysian Grantee can then utilise the Memorandum of Resealing to appropriately manage all assets of the deceased in Singapore.
It is also important to note that the specific requirements and procedures may vary, so it is recommended to consult with a lawyer for accurate and up-to-date guidance tailored to your situation.
