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QUESTION:
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“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.”
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“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? “
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ANSWER:
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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.
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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.
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(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).
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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:-
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“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 person, the 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”
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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.
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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.
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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
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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.
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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
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