In Malaysia, a Grant of Probate or Letters of Administration is limited to managing assets within the country. When a foreigner with assets in multiple countries passes away, resealing allows foreign-issued probate documents to be validated for use in Malaysia, enabling the management of the deceased’s estate across jurisdictions. The purpose of resealing is to enable personal representatives, such as Executors or Administrators, to manage the deceased’s estate and enforce the will in Malaysia without reapplying for Letters of Administration, saving time, effort, and costs.
Understanding Grants of Probate and Letters of Administration
Grants of Probate and Letters of Administration are court-issued documents authorizing the management of a deceased person’s estate. A Grant of Probate is issued when there is a valid will, appointing executors to act per the deceased’s wishes. Letters of Administration are issued when there is no valid will or executor, appointing an administrator to distribute the estate according to the law, such as Malaysia’s Distribution Act 1958 for non-Muslims.
When a court issues a legal document, it is authenticated or validated by the court’s seal. Traditionally, this was a wax seal, but today it is often a digital imprint. For a foreign Grant of Probate or Letters of Administration to be legally recognized in Malaysia, it must first be resealed by a Malaysian court. This process involves the Malaysian court affixing its seal to the foreign-issued document, thereby validating it for use within the country.
In Malaysia, Section 52 of the Probate and Administration Act 1959 permits courts to reseal Grants of Probate and Letters of Administration issued by courts in other Commonwealth countries. This allows probate documents from countries such as Singapore, Brunei, or Australia to be validated for use in Malaysia. Section 52 of the Probate and Administration Act 1959 applies exclusively to Grants issued by Commonwealth countries. Consequently, if an individual from a non-Commonwealth country, such as Japan, passes away leaving assets in Malaysia, their family or representatives cannot reseal the Grant issued in Japan. Instead, they must submit a fresh application for a Grant of Probate or Letters of Administration in the Malaysian courts.
The Process of Resealing
Under Malaysian law, once the resealing order is obtained, the deceased’s properties can be distributed to the beneficiaries based on the will or, if the deceased passed away intestate, in accordance with foreign laws. Typically, it takes approximately three (3) months to secure the Resealing Order. The documents required for this application are as follows:
- Certified True Copy (CTC) of the Original Will of the deceased (if applicable, for Grant of Probate only)
- CTC of the Death Certificate of the Deceased
- Documents relating to the assets and properties belonging to the deceased in Malaysia (eg. bank account statements, shares / CPD statements, title documents, vehicle ownership document etc).
- Documents relating to any liabilities of the deceased in Malaysia (eg. mortgage / loan documentation, unpaid credit card statements etc.)
- Details of the beneficiaries
- The IC & Passport copies of the legal representative & beneficiaries
For the deceased’s immovable properties, after obtaining the Resealing Order, the legal representative must engage a Malaysian law firm to prepare the required documents for the transfer and secure approval from the relevant state authorities.
Legal Implications of Not Resealing
Under the Probate and Administration Act 1959, foreign grants from Commonwealth countries must be resealed in Malaysia to be legally effective. Without this, the estate cannot be lawfully administered, risking disputes or challenges from beneficiaries or creditors. For immovable properties like land, a resealed grant is required to execute transfers or sales. Without it, such properties may remain in the deceased’s name indefinitely.
Failing to reseal a foreign grant of probate or letters of administration when dealing with assets in Malaysia can lead to significant legal consequences and complications. Under the Probate and Administration Act 1959, a foreign grant must be resealed by a Malaysian court to be legally recognized. Without resealing, the executor or administrator lacks legal authority to manage or dispose of the deceased’s assets in Malaysia, such as real estate, bank accounts, or shares. Any attempt to administer these assets without authorization may be deemed illegal, potentially resulting in accusations of fraud or misappropriation, along with civil or criminal liability. Additionally, beneficiaries or creditors may challenge unauthorized dealings, which could lead to litigation and the nullification of transactions, creating further complications.
The failure to reseal may also cause delays and additional costs in estate administration, as fresh applications or corrective legal measures may be required. Tax compliance is another critical issue, as executors may face penalties or legal action for failing to fulfill estate tax obligations in Malaysia. Furthermore, banks, property registries, and other institutions may refuse to release or transfer assets without a resealed grant, creating administrative hurdles. For Muslim estates, the dual legal system in Malaysia adds further complexity, as distribution must adhere to Islamic inheritance laws. Non-compliance in these cases could lead to disputes over the rightful distribution of assets.
To prevent these complications, it is crucial to apply for the resealing of the foreign grant under Section 52 of the Probate and Administration Act 1959. Engaging a local lawyer familiar with Malaysian probate procedures ensures compliance with legal requirements, facilitates smooth administration of the estate, and avoids unnecessary delays or disputes. Resealing is an essential step in managing cross-border estates lawfully and efficiently in Malaysia.
Conclusion
Resealing a foreign Grant of Probate or Letters of Administration is essential for managing and distributing a deceased person’s estate with assets in Malaysia. It ensures the foreign probate documents are legally recognized, allowing executors or administrators to perform their duties while avoiding legal disputes, delays, and potential financial or administrative complications. Section 52 of the Probate and Administration Act 1959 enables resealing for grants from Commonwealth countries, simplifying cross-jurisdictional estate administration. For non-Commonwealth grants, fresh probate applications are required. Engaging experienced local legal professionals ensures compliance, safeguarding assets and ensuring their proper distribution.
If you’re dealing with the estate of a loved one with assets in Malaysia and require assistance with resealing or other probate-related matters, reach out to a qualified Malaysian legal professional today. Don’t let legal hurdles delay the rightful distribution of the estate—act now to secure your peace of mind.
