Resealing Foreign Grant of Probate in Singapore

In a case where the deceased resides in Country Y and he has substantial assets in both Country Y and Singapore, how do you deal with the deceased’s assets in Singapore? Assuming that the country is a Commonwealth country, you may either:

1. Apply for resealing of foreign grant of probate in Singapore.

2. Apply for a fresh grant of probate in Singapore.

In the event that Country Y is not a Commonwealth country, you may have to apply for a fresh grant of probate in Singapore.

This article focuses on the resealing of foreign grant of probate in Singapore.

Resealing of Foreign Grant of Probate in Singapore

The resealing of foreign grant of probate in Singapore is the process whereby the foreign grant of probate is legally recognized in Singapore. The powers given to the executor in the original grant of probate can be executed in Singapore with no alteration to the terms. The effect is as if the grant of probate has been issued in Singapore.

This option is available if the original grant of probate is in a Commonwealth country.

Applying for Resealing of Foreign Grant of Probate in Singapore

The application must be made to the High Court (Family Division). The steps are similar to applying for a fresh grant of probate. However, additional documents such as the foreign grant or sealed certified true copy of the foreign grant is to be submitted to the probate counter by 4:30pm the next working day after the filing of the originating summons (i.e. application for the resealing of the foreign grant).

In the event that the deceased’s domicile was not in Country Y at the time of his/ her demise, the High Court shall not reseal the grant. However, it may do so if certain conditions are met (for instance, evidence showing that the deceased’s country of domicile was in fact Country Y).

Assuming that the application for resealing of the foreign grant of probate in Singapore is successful, the High Court may issue a memorandum of resealing. The foreign grant will then be in force in Singapore.

While the application for resealing of the foreign grant of probate in Singapore may be done by a layman with no legal training, the process is complicated and it will be helpful if you can seek the assistance of an experienced probate lawyer for the resealing process. In addition, there may be other complications. For instance, the grant of probate may be contentious. Or there may be laws in the country where the deceased is domiciled in, requiring that assets be distributed in a particular manner. The religion of the deceased, if he is a Muslim, may also result in further complications.