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“Alan has been working in Singapore since graduating from secondary school. After years of hard work, he has accumulated considerable wealth. He has not only purchased several houses in Malaysia, but has also accumulated substantial savings in Singapore. Most of his savings are placed in fixed deposits with Singapore banks to earn interest. In addition, with some spare cash, Alan has invested in shares listed on the Singapore stock market.

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As the years went by, his children gradually grew up and became financially independent. Alan began to take estate planning more seriously. He wanted to plan ahead and make a Will so that his children and grandchildren would not face unnecessary difficulties when dealing with his estate in the future.

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However, Alan has several questions in mind: Can a Will made in Malaysia deal with his assets in Singapore? Would such a Will be recognised in Singapore? Would he need to separately engage a Singapore lawyer to prepare another Will specifically for his Singapore assets?”

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These are questions that many Malaysians who have worked in Singapore for many years and own assets in both Malaysia and Singapore may have asked themselves.

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In this article, we will address the following questions:

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✅ Can a Will made in Malaysia cover assets located in Singapore?

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✅ How can a Malaysian Will be recognised and given effect in Singapore?

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✅ Is it necessary to engage a Singapore lawyer to prepare a separate Singapore Will?

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✅ For individuals who own assets in both Malaysia and Singapore, what are some practical and cost-effective estate planning options?

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📜 If the aforesaid interests you, please continue reading our legal article below.

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A.    Can a Will Made in Malaysia Cover Assets in Singapore and Other Countries?

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1.     Under the Malaysian Wills Act 1959, a person who is at least 18 years old and of sound mind may make a Will. The Wills Act 1959 does not state that a Will made in Malaysia can only deal with assets located in Malaysia.

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2.    Therefore, a Will made in Malaysia can cover and dispose of assets located in Singapore or other countries. The fact that a Will includes overseas assets does not, by itself, make the Will invalid.

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3.    However, while a Malaysian Will may cover foreign assets, the administration and inheritance of those assets will still be subject to the laws and procedures of the country where the assets are located.

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B.    How Can a Malaysian Will Be Given Effect in Singapore?

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4.    Yes. However, the executor will generally need to go through two legal procedures: obtaining a Grant of Probate in Malaysia and resealing the Grant of Probate in Singapore.

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5.    First, the executor needs to apply for a Grant of Probate from the Malaysian Court. Once the Grant of Probate has been obtained, the executor may then apply to the Singapore Court to have the Malaysian Grant of Probate resealed. This is because Malaysia and Singapore are separate jurisdictions. A Grant of Probate issued by a Malaysian Court is not automatically recognised in Singapore for the purpose of administering the deceased’s assets located there.

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6.     Once the executor has obtained the resealed Grant of Probate in Singapore, the executor may use it to deal with the deceased’s assets in Singapore. This may include liaising with banks, securities firms, share registrars and other relevant institutions to collect, transfer or otherwise deal with the deceased’s assets, subject to their respective requirements.

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7.     However, in some cases, a Singapore bank may not require the Malaysian Grant of Probate to be resealed. The bank may accept a translated and certified copy of the Malaysian Grant of Probate, together with any other documents required by the bank. This is subject to the requirements and internal procedures of the particular bank. Therefore, the executor should check with the relevant bank beforehand to confirm what documents and procedures are required.

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C.    Is It Necessary to Engage a Singapore Lawyer to Prepare a Separate Singapore Will?

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8.     It is not necessary. However, since resealing involves a legal process for recognising and giving effect to a foreign grant, the application must generally be made to the High Court of Singapore rather than simply being dealt with administratively by the Family Justice Courts. As a result, the process may involve higher legal fees being incurred.

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9.    Therefore, for individuals who own assets in both Malaysia and Singapore, one practical way to potentially save on estate administration costs is to prepare two separate Wills:

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• A Malaysian Will dealing only with assets in Malaysia; and
• A Singapore Will dealing only with assets in Singapore.

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10.    There are several potential advantages to having separate Wills for assets in Malaysia and Singapore, including:-

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• potentially reducing the overall cost and complexity of estate administration;
• avoiding the need for a resealing application for the relevant assets;
• allowing the Malaysian and Singapore estates to be administered separately and, where possible, concurrently; and
• potentially reducing the time required to complete the distribution of the estate.

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11.     The two Wills should be carefully drafted so that each Will clearly states the assets and jurisdiction to which it applies. They should also expressly state that neither Will is intended to revoke the Will made for the other country, so as to avoid the risk of one Will inadvertently revoking the other.

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D.     What Other Practical and Cost-Effective Estate Planning Options Are Available for Individuals with Assets in Both Malaysia and Singapore?

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12.     Ideally, individuals who own assets in both Malaysia and Singapore should undertake cross-border estate planning in advance, taking into account the nature of their assets. Proper planning may help reduce the need for probate, resealing or other estate administration procedures after death, potentially saving both time and costs.

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13.     Certain assets may also be dealt with by way of nomination. For example, CPF savings may be subject to a CPF Nomination, allowing the nominated beneficiaries to receive the relevant CPF savings upon the member’s death without the need for the savings to go through the ordinary estate administration process. A similar arrangement may also apply to certain insurance policies, depending on the applicable policy terms and nomination rules.

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14.     Depending on the individual’s circumstances, some bank savings may also be transferred to Malaysia during the individual’s lifetime. This may reduce the amount of assets that would otherwise need to be administered in Singapore after death.

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15.     Where appropriate, individuals may also consider holding certain funds in a joint bank account. However, before doing so, they should understand the bank’s withdrawal procedures, account terms and conditions, and any potential legal or financial risks associated with such an arrangement.

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16.     That said, the above arrangements are primarily intended to simplify estate administration and potentially reduce costs. They are not suitable for everyone or for every type of asset. Proper legal advice should therefore be obtained based on the individual’s circumstances and the nature of the assets involved.

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17.     One should not simply adopt a particular arrangement solely to save costs without first considering its legal and practical implications.

18.     To sum up, for most individuals who own assets in both Malaysia and Singapore, one of the more practical approaches remains to prepare a separate Malaysian Will and a separate Singapore Will, together with appropriate lifetime asset planning. With proper planning, this approach may help avoid the need for resealing in respect of the relevant assets, allow the administration of assets in both jurisdictions to proceed more efficiently, and achieve a better balance between cost, time and ease of administration.

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📲 This concludes our sharing on cross-border Wills in Malaysia and Singapore. We hope this article has given you a better understanding of how Wills in Malaysia and Singapore may be used as part of a cross-border estate planning strategy. If you would like to learn more about Wills, Trusts or estate planning, please feel free to contact us via WhatsApp: https://wa.link/q3kmv5

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