Written by Justin Chua, Lawyer and Mediator, Chua Tan Associates · Last reviewed November 2026
The direct answer: When an executor in Malaysia applies for a Victorian grant of probate over a Melbourne property or bank account, what holds things up is usually not the law but the documents: the original will cannot be found, the Malay death certificate has no proper translation, the affidavit signed in Malaysia was witnessed by the wrong person, or the way names are written on identity documents does not match the Australian records. Getting these documents in order early usually avoids repeated requisitions.
Below are the issues we regularly flag for Malaysian clients in cross-border estates. For the wider estate planning picture, see our Estate planning page.
Why does the Victorian Court insist on the original will?
The Supreme Court of Victoria's online probate process requires the applicant, after filing online, to post the original will and any attached exhibits to the Probate Office. A common problem is that the original is held by a law firm in Malaysia, in a bank safe deposit box or by a family member, and the executor only has a scan or photocopy.
If the original really is lost, the Court can accept an application to prove a copy of the will, but this is a more complex application and usually needs affidavits from the witnesses about how the will was signed. If the will-maker kept the original and it cannot be found, the Court will presume they revoked it. So the first step is often to confirm where the original is and who holds it.
Can a Malay-language death certificate be filed as is?
The Court requires a scan of the death certificate with the application. Malaysian death certificates are usually mainly in Malay, so a proper English translation is generally needed, with an affidavit or similar confirming its accuracy. In practice, families often translate it themselves or use a translation in the wrong format, and it has to be redone.
Who can witness an affidavit signed in Malaysia?
Affidavits in the Victorian probate process must be signed before a person authorised to witness them. The Supreme Court of Victoria says an affidavit signed outside Victoria can usually be witnessed by a person authorised to take affidavits under the law of the place where it is signed. Rules differ between countries; outside Australia, contact a local lawyer, a notary public or the nearest Australian embassy or consulate.
A problem we see often is documents witnessed by someone without the right authority, or witnessing and exhibit pages in an incomplete format, so everything has to be signed and posted again. Confirming the witness's authority and the document format before signing saves far more time than fixing it afterwards.
What happens if names are written differently?
Malaysian Chinese names are often written several ways: the Malay spelling on the MyKad, the English name on the passport, a dialect romanisation, the Chinese name, and the name on the Australian title or bank account. If the will, death certificate and Australian asset records do not match, the affidavit must explain that the names refer to the same person, with supporting identity documents. This is one of the most overlooked steps and one of the most common causes of requisitions.
If we already have a grant in Malaysia, do we still need to apply in Victoria?
A grant from an overseas court cannot by itself deal with Victorian assets. Under Part III of the Administration and Probate Act 1958 (Vic), grants from certain jurisdictions (the Supreme Court of Victoria's list includes Malaysia and Singapore) can be resealed in Victoria. The application must include the original grant, an exemplification or a copy sealed by the issuing court. Whether to reseal or apply separately in Victoria depends on the will, the assets and the executors.
How much detail is needed about the Australian assets?
The online application produces an inventory of assets and liabilities, listing bank accounts, real estate, loans and so on. Executors overseas often know only that there is "a house in Melbourne and a bank account", without account numbers, balance statements, share registry holding statements or land title searches. Getting date-of-death balance or holding statements from Australian banks and share registries, and doing a title search, makes the inventory far more accurate.
Which documents can be checked before applying?
- The original will and any codicils (confirm where they are kept and who holds them)
- The death certificate and a proper English translation
- The executor's passport and other identification
- Documents showing that the different spellings of a name refer to the same person
- The original or certified copy of the Malaysian grant (if one has been obtained)
- Balance or holding statements from Australian banks and share registries
- Victorian land title search results
- Witnessing arrangements for documents signed overseas
Frequently asked questions
Does the executor have to come to Australia?
Generally, no. The affidavit can be witnessed overseas by an authorised person, and the executor can also appoint an attorney in Australia under a power of attorney to apply. The right approach depends on the circumstances.
Does a notice have to be published before applying in Victoria?
Yes. The Supreme Court of Victoria requires a notice of intention to apply to be published through its online system at least 15 days before applying.
Will Victoria recognise a will made in Malaysia?
Under section 17 of the Wills Act 1997 (Vic), a will is generally valid if it complies with the law of the place where it was made, or where the will-maker was domiciled or habitually resident, but an affidavit from a foreign lawyer may be needed.
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Every family's will, assets and executors are different. If you would like your situation worked through, you are welcome to Book a 30-minute consultation for paid advice. If you then formally instruct us, the consultation fee is credited to your first invoice. We work in Mandarin and Cantonese and offer video consultations to clients across Australia and overseas. Phone: +61 3 9602 3988; WhatsApp: +61 490 369 102; WeChat: chuatan262.
This article is general information only and is not legal advice. Do not rely on it to make any decision; please consult a lawyer about your circumstances.
Information current as at November 2026
Related services: Wills and Estates Lawyers Melbourne | Chua Tan Associates— wills, enduring powers of attorney, probate and cross-border estates.
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