A deceased was domiciled in Country A, but has assets in both Country A and Singapore. The deceased’s will was made in Country A, which also included the distribution of assets in Singapore. How can the deceased’s assets be distributed in Singapore? That is where the resealing of a foreign grant of probate comes into play.
Broadly speaking, the executor of the will would have secured a Grant of Probate from Country A’s courts. This option is available if the original grant of probate is obtained in a Commonwealth country. If the deceased was not domiciled in a commonwealth country, then the executor may have to apply for a fresh Grant of Probate in Singapore.
Resealing is the process where the foreign grant of probate is legally recognised in Singapore, with no alteration to the will’s terms, and where the powers given to the executor in the original foreign grant of probate can also be executed in Singapore.
The person who obtained the foreign grant of probate will usually be the person who applies to reseal the foreign grant of probate. The application must then be made to the High Court (Family Division). A slew of documents are usually needed for the application, including:
- Foreign Grant of Probate
- Schedule of Assets (including details of the deceased assets in Singapore)
- Statement of the list of beneficiaries and their entitlement pursuant to Country A’s laws
- Death Certificate of the deceased
- Passport of the executor(s)
- Passport of the deceased
- Passport of the beneficiaries
If any of the documents are not in English, a translation of the same is required.
If the High Court of Singapore finds everything in order, the High Court will issue a memorandum of resealing. The foreign grant will then be in force in Singapore. The executor named in the will can then administer the deceased’s Singapore assets.
Yuen Law LLC provides assistance in matters regarding resealing of foreign grants. Do contact us to make an appointment.