Resealing foreign letters of representation saves time and cost as the personal representative would not need to apply afresh for a new grant of probate or letters of administration to be issued in Malaysia.
What does it mean to “reseal” a grant?
When a court issues a legal document, it is issued under the seal of the court which serves the purpose of authenticating or validating the document. Historically, this was a wax seal that was affixed to the document by court however, today it takes the form of a digital imprint on the document.
A foreign grant of probate or letters of administration would have been issued under the seal of a foreign court and therefore it would first need be sealed by a Malaysian court in order for the document to be legally recognised here in Malaysia.
When an application for resealing is allowed by the Malaysian court, the court then affixes its seal to the foreign issued document, making it valid here in Malaysia.
Why do I need to reseal a grant of probate or letters of administration?
Without a resealed grant, the personal representative of the Deceased will not be able to deal with any of the Deceased’s property situated in Malaysia.
A grant of probate or letters of administration obtained from a foreign court gives the appointed personal representative the power to manage and distribute assets of the deceased that are situated only within the territorial jurisdiction of the foreign court.
Therefore, if you’ve obtained a grant of probate or letters of administration from a foreign court, you would first need to get the foreign grant validated and recognised here by the Malaysian court.
When can a grant or probate or letters of administration be resealed?
A grant of probate or letters of administration issued by a court in any Commonwealth country may be resealed in Malaysia by virtue of Section 52 of the Probate and Administration Act 1959.
However, the Malaysian court has the discretion on whether to reseal foreign letters of representation. The court may refuse an application if the deceased was not domiciled (“domicile” refers to a person’s permanent place of residence) within the jurisdiction of the court issuing the letters of representation at the time of death.
For example, the court may refuse an application where the deceased was domiciled in Singapore but the letters of representation was issued by a court in Australia.
Since the Probate and Administration Act only allows grants obtained in Commonwealth countries to be resealed in Malaysia, a new application for grant of probate or letters of administration must be made in the Malaysian court where a person with assets in Malaysia passes away in a non-Commonwealth country.
When can a grant or probate or letters of administration be resealed?
A grant of probate or letters of administration issued by a court in any Commonwealth country may be resealed in Malaysia by virtue of Section 52 of the Probate and Administration Act 1959.
However, the Malaysian court has the discretion on whether to reseal foreign letters of representation. The court may refuse an application if the deceased was not domiciled (“domicile” refers to a person’s permanent place of residence) within the jurisdiction of the court issuing the letters of representation at the time of death.
For example, the court may refuse an application where the deceased was domiciled in Singapore but the letters of representation was issued by a court in Australia.
Since the Probate and Administration Act only allows grants obtained in Commonwealth countries to be resealed in Malaysia, a new application for grant of probate or letters of administration must be made in the Malaysian court where a person with assets in Malaysia passes away in a non-Commonwealth country.
How can I reseal a grant of probate or letters of administration?
An application to reseal a foreign grant can be made in the name of the personal representative (i.e. the executor or administrator of the deceased’s estate) and filed at the Malaysian High Court.
The personal representative would be required to affirm an affidavit in support of the application and enclose certified true copies of the supporting documents required.