Reseal a Grant of Probate
If someone who owns assets in both their home country and also abroad dies, then what should happen to their assets abroad?
In their home country, their next of kin will take charge of matters via their domestic courts, but how can they control assets in another country, for example if those assets are in Singapore?
In a situation such as this, the Singaporean financial institutions will require the next of kin to obtain a Singapore court order which grants power to the executors so they can manage the estate. The correct legal terminology for this is to apply to “reseal the foreign grant of probate”.
Applying for a resealing of probate in Singapore
A personal representative of a deceased foreign person can apply for a Grant of Probate to be resealed in Singapore, provided that:
- The person who has died was domiciled in a Commonwealth Country or Hong Kong,
- They had assets in Singapore, and
- A Grant of Probate has already been obtained by the executors in the home country of the deceased person.
When the foreign grant has been resealed, the legal representative is then able to deal with the deceased’s assets in Singapore. For example, they can use the Resealing Court Order and ask financial institutions to transfer assets or monies to them so they can distribute them to the named beneficiaries.
The Singapore courts must be satisfied that the original will and Grant of Probate were made in accordance with the original jurisdiction law, before they’ll allow the resealing of the grant of probate.
Get in touch for assistance
Our lawyers often give expert advice to executors wanting to reseal grants of probate on behalf of foreign nationals with assets held in Singapore. Please contact us if you wish to discuss your circumstances.
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