If you are dealing with the estate of someone who died owning assets in Malaysia you will need to arrange for the assets in Malaysia to be released and then sold or transferred to the beneficiaries.
When you contact the bank, share registrar of other organisation that the assets are currently held with, you will probably be asked to provide a “Malaysian Grant of Probate” or a “Re-seal of the Grant of Probate in Malaysia” before they will release the assets to the executor or beneficiaries.
Your local solicitor in the UK (or wherever your home country may be) will not usually be able to assist with this, unless they are qualified as a Malaysian lawyer.
So how do you get a Malaysian Grant of Probate? How do you reseal a Grant of Probate in Malaysia? What is a resealed grant of probate? How do you find a good Malaysian lawyer?
If you a solicitor, executor or administrator dealing with an estate of someone who owned assets in Malaysia, whether it is land/property in Malaysia, cash in a Malaysian bank account or shares in an Malaysian company, Worldwide Lawyers can assist.
Contact Worldwide Lawyers for a FREE no–obligation discussion about how to deal with the Malaysian assets. If required we can also put you in touch with a Malaysian lawyer who can assist with obtaining a Grant of Probate in Malaysia or Resealing a Grant of Probate in Malaysia for you. Contact us on 01244 470 339 or at firstname.lastname@example.org.
In the meantime, we have provided some answers below to some Frequently Asked Questions to help guide you towards successfully finalising the estate administration in Malaysia.
I am dealing with the estate of someone who died with assets in Malaysia. What do I need to do?
If a person from outside of Malaysia dies owning assets located in Malaysia, the executor of the deceased person’s will, or the person entitled to sort out their estate, is required to deal with these assets so that they can either be sold or transferred to the beneficiaries.
In order to do this, the person dealing with the estate will usually need to either:
- apply for a Malaysia Grant of Probate; or
- arrange to have a Grant of Probate, which has been obtained in the country where the deceased person lived, “resealed” in Malaysia.
If a Grant of Probate has been obtained in the UK (or another commonwealth country such as Australia, New Zealand, Singapore) it is generally easier and cheaper to get this Grant of Probate resealed in Malaysia rather than applying for a new Malaysian Grant of Probate.
Should I instruct a Malaysian lawyer to obtain a Re-sealed Grant of Probate?
The process of resealing a UK Grant of Probate in Malaysia is easier than applying for a brand new Grant of Probate in Malaysia.
That said, obtaining a reseal of a Grant of Probate in Malaysia requires an understanding of the Malaysian legal system and an application to the relevant court in Malaysia will need to be obtained.
For most people dealing with an estate where there are assets in Malaysia it will be necessary to instruct a lawyer in Malaysia to reseal the Grant of Probate.
A Malaysia lawyer with experience of resealing Grants of Probate will be able to efficiently obtain the resealed Grant of Probate to enable you to release the Malaysian assets in the estate. They may also be able to arrange for the Malaysian assets to be sold or transferred to the beneficiaries in accordance with their wishes.
I have a Grant of Letters of Administration not a Grant of Probate. Will this be recognised in Malaysia and can it be re-sealed in Malaysia?
If the deceased did not have a will, the person entitled to deal with the estate will obtain a document called a Grant of Letters of Administration instead of a Grant of Probate.
Both a Grant of Probate and a Grant of Letters of Administration can be resealed in Malaysia.
If you are dealing with an estate where there are assets located in Malaysia contact Worldwide Lawyers on 01244 470 339 or at email@example.com.
We can provide you with some FREE initial guidance and also put you in touch with an experienced Malaysian lawyer who can assist in obtaining the resealed Grant of Probate in Malaysia. The Malaysian lawyer can also liaise with bank, company or other organisation in Malaysia to arrange for the Malaysian assets to be sold or transferred to the beneficiaries of the estate.