- Section 52 of the Probate and Administration Act 1959 (Revised 1972) - 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:
Provided that -
- if it appear that the deceased was not, at the time of his death, domiciled within the jurisdiction of the court from which the grant issued, the seal shall not be affixed unless the grant is such as the High Court would have made; and
- before the probate or letters of administration is sealed with the seal of the High Court, the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
EFFECT: Parties will not be able to deal with all assets in Malaysia until a resealing order is obtained. THe Bank and government bodies e.g land office will require an order from a Malaysian court.
- A copy of the NRIC/Passport of the Administrator(s);
- A Certified True Copy of the Death Certificate;
- A Certified True Copy of the Grant of Probate by the Court;
- A Certified True Copy of the Last Will and Testament of the Deceased;
- A list of assets and liability of the Deceased in Malaysia;
- A list of all the beneficiaries & their copy of NRIC/Passport;
- Details of the two (2) sureties (if applicable).
- Estimated 2-3 months to complete (from filing the documents until obtain court order)
- The administrator is required to attend the court hearing.