Resealing probate
Resealing Foreign Grant Lawyer in Penang
Where a person passes away overseas but leaves assets in Malaysia, the foreign Grant of Probate or Letter of Administration may need to be resealed in Malaysia before the executor or administrator can deal with Malaysian assets.
At C K Lim & Partners, our Resealing Foreign Grant Lawyers in Penang assist executors and beneficiaries in applying to recognise foreign probate and administration grants in Malaysia.
Our team provides practical guidance on the resealing process and the documents required for recognition of the foreign grant in Malaysia.
What Is Resealing of Probate?
A foreign Grant of Probate or Letter of Administration obtained overseas may need to be recognised by the Malaysian High Court before Malaysian assets can be dealt with.
Once resealed, the foreign grant can be used to administer the Malaysian assets of the deceased, subject to applicable legal requirements
Our Resealing Services
Review of Foreign Grant
Reviewing the foreign Grant of Probate or Letter of Administration.
Malaysian Asset Review
Identifying Malaysian assets that require administration.
Court Application
Preparation and filing of resealing application in Malaysia
Executor Guidance
Advising foreign executors or administrators on the Malaysian process
Property Transmission
Assisting with Malaysian property transmission after resealing.
Estate Administration
Guiding families on the administration of Malaysian assets.
When Is Resealing Required?
Resealing may be required where:
1. The deceased passed away overseas
2. A foreign grant has been issued
3. The deceased owned assets in Malaysia
4. Malaysian banks or authorities require local recognition
5. A Malaysian property needs to be transmitted or transferred
Resealing Probate Process
1. Review of Foreign Grant
We review the foreign grant and supporting documents.
2. Malaysian Asset Identification
The assets located in Malaysia are identified.
3. Document Preparation
The resealing application and supporting documents are prepared.
4. Court Filing
The application is filed in the Malaysian court.
5. Grant Resealed
Once approved, the Malaysian court reseals the foreign grant.
6. Asset Administration
The executor or administrator may deal with Malaysian assets.
7. Completion
The Malaysian assets are administered or transferred accordingly.
Frequently Asked Questions
FAQ 1
What is resealing of a foreign Grant of Probate in Malaysia?
Resealing is the Malaysian High Court process of recognising a foreign Grant of Probate or Letters of Administration so that it can be used to administer assets in Malaysia.
Once resealed, the foreign grant has legal effect in Malaysia, allowing the personal representative to deal with Malaysian assets such as land, bank accounts, shares or other estate assets.
FAQ 2
When is resealing of Probate required in Malaysia?
Resealing is usually required where a person passed away leaving assets in Malaysia, but the original Grant of Probate or Letters of Administration was issued by a foreign court.
Without resealing, Malaysian banks, land offices and other institutions may not recognise the foreign grant as sufficient authority to release, transfer or deal with Malaysian assets.
FAQ 3
Which foreign grants can be resealed in Malaysia?
Generally, Malaysia allows resealing of Probate or Letters of Administration granted by a court of probate in a Commonwealth country under section 52 of the Probate and Administration Act 1959.
If the grant was issued by a non-Commonwealth country, resealing may not be available and a fresh Malaysian application may be required instead.
FAQ 4
Can a Singapore Grant of Probate be resealed in Malaysia?
Yes. A Singapore Grant of Probate may generally be resealed in Malaysia, as Singapore is a Commonwealth country.
The Malaysian High Court may still require proper supporting documents, certified copies and evidence relating to the estate before resealing the grant.
FAQ 5
Can a Hong Kong Grant of Probate be resealed in Malaysia?
Yes. A Hong Kong Grant of Probate may generally be resealed in Malaysia, as Hong Kong remains treated as a relevant Commonwealth jurisdiction for resealing purposes in Malaysian practice.
The application should be reviewed carefully because the court may require proper certified copies, death certificate, asset information and supporting affidavits.
FAQ 6
Can an Australian or UK Grant of Probate be resealed in Malaysia?
Yes. Grants of Probate or Letters of Administration issued by Commonwealth jurisdictions such as Australia and the United Kingdom may generally be resealed in Malaysia, subject to the requirements of the Malaysian High Court.
The exact documents required may depend on the issuing jurisdiction and the Malaysian assets involved.
FAQ 7
How long does resealing of Probate take in Malaysia?
The timeline depends on the completeness of documents, the foreign grant, the issuing jurisdiction, the Malaysian assets involved and the court’s processing time.
A straightforward resealing application may take several months. Delays may occur where documents are incomplete, certification is insufficient, assets are unclear, or further evidence is required.
FAQ 8
What documents are required for resealing Probate in Malaysia?
Common documents include the sealed or certified true copy of the foreign Grant of Probate or Letters of Administration, the Will, death certificate, identity documents of the executor or administrator, details of Malaysian assets, and supporting affidavits.
Additional certification, authentication, translation or court documents may be required depending on the foreign jurisdiction and the facts of the estate.
FAQ 9
Do foreign documents need to be certified, notarised or legalised?
Often, yes. The Malaysian High Court may require properly certified court documents and supporting evidence before the foreign grant can be resealed.
Where documents are issued overseas, notarisation, legalisation, apostille or consular authentication may be required depending on the country of origin and the nature of the document.
FAQ 10
Can Malaysian property be transferred after resealing Probate?
Yes. Once the foreign grant has been resealed by the Malaysian High Court, the personal representative may proceed to deal with Malaysian property, subject to land office requirements, bank requirements, tax matters and any conditions affecting the property.
For immovable property, further land office documentation will usually be required after resealing.
Related Probate & Estate administration Services
Need Assistance With Resealing Probate In Malaysia?
If the deceased had assets in Malaysia and a foreign grant has been issued overseas, our team can guide you through the resealing process