Yeo Law Chambers

Legal Articles

Resealing of A Foreign Grant Out of Malaysia

.

QUESTION:

.

“Hi my name is Mr. Lee, I would like to ask you about the inheritance laws applicable in Malaysia. My father is a Singaporean, he has recently passed away leaving some immovable assets located in Johor Bahru & Kuala Lumpur.”

.

“Three (3) months ago, I have managed to extract the Grant of Probate from the High Court of Singapore. May I know whether such High Court Order is directly enforceable in Malaysia?? If the answer is negative, whether I need to apply for a new Grant of Probate from the High Court of Malaya before I can affect the transfer of these properties in accordance with his will? “

.

ANSWER:

.

A foreign citizen can acquire immovable properties in Malaysia so long as he/she fulfilled the requirements and further obtained the permissions from the relevant state authorities.

.

However, issue arises when the foreign citizen has passed away (in respective whether he/she is died testate or intestate; or in Malaysia or abroad). The very first question that the deceased’s legal representative would face is that how to affect the transfer of the deceased’s properties in Malaysia to his/her beneficiaries since a foreign Court Order is not strictly legally enforceable here.

.

(In simple words, Mr. Lee cant directly walk in to the land office and ask their officer to affect the transfer based on the Singapore Court Order).

.

However, in the aforesaid example, it is not necessary for Mr. Lee to file a Court application so to obtain a second Grant of Probate in Malaysia as a more convenient legal resort can be found under the Section 52 of the Malaysian Probate and Administration Act 1959, which provides that:-

.

Where a Court of Probate in any part of the Commonwealth has, either before or after the passing of this Act, granted probate or letters of administration in respect of the estate of a deceased personthe probate or letters of administration so granted, or a certified copy thereof, sealed with the seal of the court granting the same, may, on being produced to and a copy thereof deposited in the High Court, be sealed with the seal of the High Court, and thereupon shall be of the like force and effect, and have the same operation in Malaysia, as if it were a grant made by the High Court

.

Therefore, according to the aforesaid provision, Mr. Lee can engage a Malaysian law firm so to file an application to reseal the Grant of Probate issued by the Singapore High Court. The whole court process is generally known as “resealing” with the purpose of giving legal recognition or making the Foreign Grant to have the same legal effects/ operation in Malaysia.

.

In Singapore, there is also a similar provision enacted to recognize a foreign grant issued from other common wealth countries, with the issuance of a memorandum of resealing.

.

According to Malaysian laws, once obtained the order for resealing, these properties can then be distributed to the beneficiaries in accordance with the will or the foreign laws (if the deceased died intestate) and usually, it took about three (3) months to obtain the Resealing Order. The documents to make such 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

.

In respect of the deceased’s immovable properties, after obtaining the Resealing Order, it is also necessary for the legal representative of the deceased to continue engage a law firm in Malaysia to prepare the necessary documents so to affect the transfer, and to obtain the permission of the relevant state authorities.

.

These are the information regarding resealing of the grant out of Malaysia that we would want to share with you today. Should you have further inquiries for this matter, please do contact us: https://wa.link/q3kmv5

.

You can access the Chinese Version of this article by clicking this button.

.

Like & Follow our Facebook Page to get more legal information.

.

You can learn other legal information from our website:https://www.yeolaw.my/

.

#Yeolawchambers #杨律师事务所 #Foreigncitizen #外国公民 #Estateinmalaysia #马来西亚遗产 #新山律师 #JBlawfirm #JBlawyer #howtotransfer #如何转名 #ResealingofGrant

马来西亚立遗嘱10个常问的问题

遗嘱是一个涉及复杂法律和个人意愿的重要文件。而在准备遗嘱的过程中,我们经常会遇到客户提出的各种问题。因此今天,我们将探讨一些客户最常问及的问题,并为您提供清晰的答案和建议。无论您是第一次准备遗嘱,还是希望更新现有文件,本文将帮助您更好地理解遗嘱的重要性和制定过程中可能遇到的关键问题。

马来西亚土地局-小额遗产继承

. 在上两篇文章,我们分享了亲人去世后如何把遗产转名给受益人的相关法律以及手续。 . 而今天我们要分享的是两个常问问题: . 1) 在什么情况下,可以直接向土地局申请遗产继承? 2)    如果遗嘱里面的执行人提前去世或者拒绝成为执行人,整个遗嘱会无效吗?该怎么向法庭申请承认遗嘱? . 问题1: 什么情况下,可以直接向土地局申请遗产继承? 根据马来西亚小额遗产分配法(Small Estates...

马来西亚遗产管理书 Letter of Administration

. 上一个文章我们分享了在立遗嘱的情况下,如何申请遗嘱认证书的相关法律。 . 那么在一个人去世没立遗嘱的情况该怎么办呢?他的后人要如何申请继承产业?申请过户遗产到其名下呢? . 所涉及的程序和费用是会不会更复杂更高呢? . 今天我们要分享的是在没有立遗嘱的情况下,申请遗产管理书 (Letter of Administration) 的法律以及相关指南:- . 1. ...

马来西亚遗嘱认证/ Grant of Probate

. 一个人过世后,除了办理后事,其后人也需要绞尽脑汁处理留下的债务以及财产。 . 那么,要如何申请成为往生者的遗产执行人?以及过户其遗产到受益人名下呢? . 在马来西亚,相关法律程序是看往生者有没有立下遗嘱而定的。 . 而在今天的法律文章里,我们会简单地分享在有立遗嘱的情况下,如何申请遗嘱认证书 (Grant of Probate) 的相关法律以及指南。 . 1. ...