- Singapore institutions generally will not act on a foreign grant on its own.
- Grants from Commonwealth countries can usually be resealed in Singapore.
- Applications go to the Family Division of the High Court.
- If resealing is not available, a fresh Singapore grant is needed.
The situation
A common example is a person living in Malaysia who dies with assets in both Malaysia and Singapore. The executor obtains a grant of probate from the Malaysian court, but Singapore banks and other institutions will generally not release the Singapore assets on the strength of that foreign grant alone. The executor needs authority recognised by a Singapore court.
There are two routes: reseal the foreign grant in Singapore, or apply for a fresh Singapore grant.
What resealing does
Resealing is the Singapore court's formal recognition of a grant already made by a foreign court. The terms of the will are not changed. Once resealed, the grant has the same effect in Singapore as if it had been issued here, and the executor can use the powers it gives to deal with the Singapore assets. The same process applies to foreign letters of administration.
Which grants can be resealed
Resealing is available for grants issued in Commonwealth countries, such as Malaysia. Some firm guides also mention Hong Kong. If the grant comes from a country outside this group, resealing is not available and a fresh grant has to be obtained from the Singapore court.
The court generally also needs to be satisfied that the deceased was domiciled in the country that issued the grant.
Even where resealing is possible, it is worth checking whether a fresh grant would be more suitable in the particular case.
How the application works
The application is made to the Family Division of the High Court, usually by the person who obtained the foreign grant. The steps are similar to applying for a fresh grant of probate, with extra documents. These typically include:
- the original foreign grant, or a sealed certified copy of it;
- a schedule of assets, including details of the Singapore assets;
- a statement of the beneficiaries and what they are entitled to under the foreign law;
- the death certificate; and
- passports or identity documents of the executor, the deceased and the beneficiaries.
Any document not in English needs an English translation.
If the court is satisfied, it issues a memorandum of resealing. The foreign grant is then in force in Singapore and the executor can administer the Singapore assets.
Points to watch
- Muslim estates, contested grants and countries with fixed inheritance rules can complicate matters.
- The process can be done without a lawyer, but it is technical and errors cause delay.
- The reverse also applies: a Singapore grant may need to be recognised by a foreign court before it can be used for assets in that country.
A lawyer can review your situation and explain your options.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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