Resealing of Probate (Malaysia)

A Resealing of Probate in Malaysia records the steps required to obtain a grant for administering a deceased estate.

The resealing procedure avoids the need to take out an entirely new grant in Malaysia — which would require proving the will (if any) again and satisfying all local formalities from scratch. Instead, the foreign grant, once resealed by the Malaysian High Court, carries the same force and effect in Malaysia as if it had been granted by the Malaysian court. The executor or administrator named in the foreign grant then has authority to collect the Malaysian assets, pay Malaysian debts, and distribute the estate in accordance with the applicable succession law.

Section 39 of the Probate and Administration Act 1959 limits resealing to grants from Commonwealth countries or countries gazetted by the Yang di-Pertuan Agong. For grants from non-gazetted countries — such as the United States or continental European nations — the personal representative must apply for a fresh grant of letters of administration with the will annexed or of letters of administration (intestate) at the Malaysian High Court, submitting the foreign will and probate documents as evidence.

The Malaysian Inland Revenue Board (Lembaga Hasil Dalam Negeri, LHDN) does not impose estate duty in Malaysia, as estate duty was abolished by the Estate Duty (Abolition) Act 1991 with effect from 1 November 1991. However, real property gains tax under the Real Property Gains Tax Act 1976 may apply if estate assets include chargeable assets sold during the administration.

Resealing in Sabah and Sarawak follows the same statutory framework under the Probate and Administration Act 1959 but petitions are lodged at the High Court in Sabah (Kota Kinabalu) or the High Court in Sarawak (Kuching) as appropriate, since both courts have separate probate registries from the Peninsular Malaysia courts.

The legal framework governing the Resealing of Probate (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Resealing of Probate (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Wills Act 1959 (Act 346) sets the foundational requirements.

A Resealing of Probate application in Malaysia is needed whenever the executor or administrator of a foreign estate holds a Commonwealth grant of probate or letters of administration and needs to deal with assets located in Malaysia.

Resealing is required when a Malaysian citizen who emigrated to the United Kingdom, Singapore, or Australia dies there, obtains a Commonwealth grant of probate, and the estate includes Malaysian bank accounts, unit trust investments with Permodalan Nasional Berhad (PNB), or shares listed on Bursa Malaysia.

Resealing is needed when a foreign national dies in a Commonwealth country leaving real property registered under the National Land Code 1965 in Malaysia — for example, a condominium unit in Kuala Lumpur or a plot of land in Johor — and the executor named in the foreign grant must transfer or sell that property.

Resealing is required when the deceased held assets with Malaysian financial institutions — fixed deposits with Maybank, CIMB, or Public Bank, or investment accounts with unit trust management companies — and the institutions require a Malaysian court order before releasing funds to the foreign executor.

Resealing is needed when the deceased was a director or shareholder in a company incorporated with the Companies Commission of Malaysia (SSM) under the Companies Act 2016, and the foreign executor must transfer or deal with shares registered with the company or with Bursa Depository.

Resealing is required when the deceased had an Employee Provident Fund (EPF / KWSP) account and the surviving dependants or executor need to access the EPF savings, noting that EPF distributions follow the EPF Act 1991 rules on nomination.

Resealing is not available for grants from non-Commonwealth, non-gazetted countries. In such cases, fresh letters of administration with the will annexed must be obtained from the Malaysian High Court under Sections 30 to 38 of the Probate and Administration Act 1959.

A valid Resealing of Probate petition in Malaysia under Section 39 of the Probate and Administration Act 1959 must contain the following essential elements.

Petitioner's Details: The petition must identify the executor or administrator named in the foreign grant — full legal name, NRIC or passport number, and address. For a corporate executor such as a trust company or bank, the registration number under the applicable Companies Act of the foreign jurisdiction is required.

Deceased's Details: The petition must state the deceased's full legal name, NRIC or passport number, last known address, date and place of death, and domicile at death. Domicile at death determines which succession law governs the distribution of movable estate assets under Malaysian private international law principles.

Foreign Grant Details: The petition must exhibit a certified or office copy of the original foreign grant — probate or letters of administration — issued by the competent court in the foreign jurisdiction. The grant must be from a Commonwealth country or a country gazetted under Section 39 of the Probate and Administration Act 1959.

Will (if applicable): If probate was granted in respect of a will, a certified copy of the will (or the will as proved) must be exhibited. The will must satisfy the requirements of formal validity under Section 5 of the Wills Act 1959 or the Private International Law rules applicable to testamentary instruments executed abroad.

Statement of Malaysian Assets: The petition must schedule the assets in Malaysia in respect of which the resealing is sought — real property described by lot number and title under the National Land Code 1965, bank account details, securities held through Bursa Malaysia Depository, and other movable assets.

Affidavit of Due Execution: In some cases, the High Court may require an affidavit confirming that the foreign grant was duly obtained and that the foreign court had jurisdiction. This is typically required where the grant was issued by a court outside England and Wales, Scotland, Australia, or Singapore.

Filing Fee and Stamp Duty: The petition must be accompanied by the prescribed High Court filing fee and, where the resealed grant involves dealings with land, any applicable stamp duty assessed by the Inland Revenue Board of Malaysia (LHDN) under the Stamp Act 1949.

Additional compliance elements for a Resealing of Probate (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.