When someone domiciled abroad leaves assets in Singapore

Why a foreign grant is not enough

Suppose a Malaysian resident dies owning a flat in Johor and a bank account in Singapore. The family obtains a grant from a Malaysian court. That grant gives authority in Malaysia only. Singapore courts do not automatically recognise it, so the Singapore account stays frozen until there is authority that works here.

There are two ways to obtain it: reseal the foreign grant in Singapore, or apply for a fresh Singapore grant.

Which route applies

Resealing is available where the original grant was made by a court in a Commonwealth jurisdiction or in Hong Kong. Malaysia is a common example. If the grant came from anywhere else, resealing is not available and a fresh grant of probate or letters of administration must be sought from the Singapore court.

Domicile also matters. The court can ask for evidence that the deceased was domiciled in the country whose court issued the grant, and may decline to reseal if that is not shown.

Who applies and where

The application is normally made by the person to whom the foreign grant was issued, and it is made to the Family Division of the High Court.

What the court will want

• The original foreign grant, or a copy certified and sealed by the court that issued it.
• A schedule of the deceased's assets in Singapore.
• English translations of any documents in another language.

The steps

The procedure broadly mirrors an application for a fresh grant. The initial application is filed, the grant-holder then swears a supporting affidavit and an administration oath, and, if the full extent of the Singapore assets was not known at the start, a supplementary affidavit completes the asset schedule once banks have replied. When everything is in order, the court issues a memorandum of resealing.

What resealing achieves

Once resealed, the foreign grant has the same force in Singapore as if the High Court had issued it. The terms of the will are not changed, and the executor or administrator can deal with the Singapore assets on the strength of it.

Before starting

The application can be made without a lawyer, but complications are common: the foreign grant may be disputed, the paperwork from the home country may be incomplete, or questions of domicile may arise. Checking eligibility and the documents at the outset avoids having to refile.