We provide expertise in either applying for a Resealing of Probate or a fresh Grant of Probate to ensure the executor has the legal authority to manage and distribute the Singapore-based assets.
What is a Resealing of Probate?
Resealing is the process where a foreign Grant of Probate, issued by a court outside of Singapore, is recognised and validated by the Singapore court. This allows the executor or administrator appointed under the foreign grant to manage the deceased’s assets in Singapore. However, not all foreign grants can be resealed; this option is generally available to Commonwealth countries or Hong Kong.
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When is Resealing of Probate Required?
If a person who was domiciled overseas passes away leaving assets in Singapore, their executor must obtain a Singapore court order to access or manage these assets. Since Singapore does not automatically recognise foreign Grants of Probate, the executor must apply to have the foreign Grant of Probate resealed by the Singapore court. If the deceased was domiciled in a Commonwealth country or Hong Kong, resealing is typically the appropriate solution.
For Commonwealth Countries or Hong Kong:
Executors can apply for the resealing of a foreign Grant of Probate in Singapore. The process typically takes about 4 months for a Grant of Probate or Letter of Administration.
For Non-Commonwealth Countries:
Executors will not be able to reseal the foreign Grant of Probate. Instead, they will need to apply for a fresh Grant of Probate in Singapore. This is a more complex process that usually takes around 6 months and involves collaborating with a foreign lawyer to prepare necessary court affidavits from the country where the deceased was domiciled.
The Application Process
Executors can apply for resealing in Singapore if the following conditions are met:
- The deceased was domiciled in a Commonwealth country or Hong Kong.
- The deceased has assets in Singapore.
- Executors have already obtained a valid Grant of Probate from the jurisdiction where the deceased was domiciled.
All applications for resealing are made to the High Court (Family Division) in Singapore. The Singapore court must be satisfied that the original will and Grant of Probate were obtained in accordance with the laws of the foreign jurisdiction. Once the resealing is approved, the foreign Grant of Probate will be recognised as legally binding in Singapore.
When Resealing is Not Possible: Fresh Grant of Probate
In cases where:
- The deceased was not domiciled in a Commonwealth country or Hong Kong, or
- A Grant of Probate was not obtained in a Commonwealth country,
resealing is not available, and the family must apply for a fresh Grant of Probate or a fresh Grant of Letters of Administration in Singapore. This process is typically more involved and takes around 6 months. The application requires documentation from the foreign jurisdiction, often including affidavits prepared by legal professionals from the deceased’s home country.
Contact Us for a Consultation
For more information or to schedule a free consultation, contact us today. Let our experienced probate lawyers guide you through the process, ensuring that your probate and inheritance matters are handled professionally and efficiently.