Resealing Foreign Grants of Probate and Letters of Administration in Singapore

resealing foreign grant of probate

 

Introduction

Generally, after a person passes away, that person’s movable property devolves according to the law of the country in which he is domiciled while his immovable property (such as real estate) devolves according to the law of the country in which that immovable property is located.

For example, if a person passes away domiciled in Singapore and both his movable and immovable property are located here, his executor or administrator simply has to obtain a Grant of Probate or Letters of Administration here. This is a fairly straightforward situation.

However, if a person passes away domiciled in Singapore but has private property located overseas (in Malaysia for example), letters of representation will also have to be obtained from the courts of Malaysia before the the executor or administrator can deal with the property.

Similarly, if someone passes away domiciled in Malaysia, but who has private property in Singapore, that person’s personal representative will have to make an application to “reseal the foreign grant of probate” (assuming grants of representation have already been obtained in Malaysia).

Resealing a foreign grant of probate is a lot more convenient than having to apply for a fresh grant. In Singapore, Commonwealth grants of representation and grants made by the courts in the Hong Kong Special Administrative Region of the People’s Republic of China may be resealed without having to obtain a fresh grant.

Who can apply to reseal a foreign grant of probate in Singapore?

The person who obtained the foreign grant of probate will usually be the person who applies to reseal the foreign grant of probate.

What else is required to reseal a foreign grant of probate in Singapore?

  1. Usually, an affidavit by a foreign lawyer stating that the applicant is entitled to the grant according to the law of the deceased’s domicile will be required.
  2. If the foreign grant and other related documents (such as the will, schedule of assets, etc) are not in English, a translated copy of the foreign grant and these other documents.
  3. Certified true copies of the foreign grant, other related documents and their translations.
  4. Specifically for applications to reseal a foreign grant of letters of administration (with or without the will annexed), an administration bond should be filed by the applicant together with two sureties.

What are the documents to be filed when applying for resealing of a foreign grant?

  1. An ex-parte originating summons
  2. Statement
  3. Death Certificate
  4. Administration Oath
  5. Original foreign grant of representation sealed by the foreign court or a certified true copy of the same sealed with the seal of the foreign court
  6. Supporting affidavit
  7. Translated documents (if necessary)
  8. Schedule of Assets

What is the Memorandum of Resealing?

Upon a successful application for resealing a foreign grant of probate in Singapore, the Singapore courts will issue a Memorandum of Resealing. The extraction of this Memorandum of Resealing is done by submitting a request to the courts.


If you'd like to hire an affordable, vetted Singapore lawyer to draft a will, apply for grants of probate or letters of administration, get in touch with us here.