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Reseal of Malaysia Grant of Probate in Australia

  • September 4, 2024

Home " Legal Blog " Wills and Deceased Estate Administration " Reseal of Malaysia Grant of Probate in Australia

Reseal of Malaysia Grant of Probate in Australia

Our probate lawyers specialize in resealing grants of probate issued in Malaysia for use in Australia. We work with all State Supreme Courts across Australia. Given that many Malaysian residents are also Australian citizens or permanent residents, we frequently assist clients with property in both Malaysia and Australia. When someone passes away, we provide families with expert guidance and cost-effective solutions to ensure probate is granted smoothly.

Why Do You Need a Grant of Probate and Reseal for Malaysia and Australia?

A grant of probate must be obtained in either Malaysia or Australia, followed by a reseal of the grant in the other jurisdiction. This is necessary because the original Will is deposited with the court once probate is finalized. The second court you apply to for probate typically requires a copy of the Will, as well as a reseal of the original grant from the jurisdiction where the Will was first deposited.

Should I Apply for Probate First in Malaysia or Australia?

To determine the appropriate jurisdiction for your first probate application, it’s essential to consider where the majority of the assets are located. For instance, if the deceased owned five properties in Malaysia and only one in Australia, it would be more logical to first apply for probate in Malaysia and then apply for a reseal of the Malaysian probate in Australia. It's important to note that legal fees in Malaysia for obtaining a grant of probate or resealing foreign grants may be higher than those in Australia, but this should not be the only factor in your decision. Additionally, while both Malaysia and Australia share a legal heritage grounded in British common law, the probate processes in each country differ significantly.

When Is a Grant of Probate and Reseal Not Required?

In some cases, you may need to apply for a grant of probate in both Malaysia and Australia. This option may be advisable if the deceased did not leave a Will or if you want to avoid potential issues that could arise from misunderstanding the process of resealing a foreign grant. In such a case, you would apply for letters of administration (a grant of probate without a Will) in one jurisdiction and either apply for a reseal or obtain separate letters of administration in the other country.

Documents and Information Required for Resealing a Malaysia Grant of Probate in Australia

Our Australian probate lawyers will require a certified copy of the Malaysian grant of probate, along with an affidavit and an inventory of assets and liabilities. These documents can be organized once you engage our law firm to assist with the process.

How Long Does It Take to Reseal a Malaysia Grant of Probate?

It typically takes 3-4 weeks to obtain a reseal, including a 14-day advertisement period.

Why Choose Our Australian Lawyers for Your Malaysia Probate Reseal?

Our law firm has more than 30 years of experience in resealing Malaysian grants of probate. We regularly work with Malaysian legal documents and are accredited specialists in immigration law. Additionally, our internationally recognized notary public provides notarial services for documents used in Malaysia.

For more information, please contact our office.

Forwarded article.

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