Resealing of Probate and Letter of Administration
Where our loved one pass on and he left his movable assets (bank accounts, shares/stocks, motor vehicles etc.) will be distributed according to the law of the departed’s domicile. On the other hand, his immovable properties (land, building etc.) will be governed by the law of the country where the property is situated.
By way of illustration, if an Australian domiciled in Australia passes away and having his assets in Australia only, then application for a grant of representation is to be made in Australia. However, if an Australian domiciled in Australia passes away with property located in both Australia and overseas (such as Malaysia) the executor or administrator of the departed will have to apply for the Malaysian court to reseal the grant of representation obtained in Australia prior to dealing with the property in Malaysia. Similarly, High Court in Malaysia has the power to reseal any grant of representation made outside Malaysia in any part of the Commonwealth, for example, the United Kingdom and Singapore etc.
In any event the probate or letter of representation has been granted in any foreign country (commonwealth country), our well-trained counsels in Mark Law Chambers are keen to assist our clients in resealing such probate of letter of administration in the High Court of Malaysia.