{"id":13361,"date":"2024-09-04T11:08:12","date_gmt":"2024-09-04T01:08:12","guid":{"rendered":"https:\/\/chuatan.com.au\/?p=13361"},"modified":"2026-10-20T11:25:46","modified_gmt":"2026-10-20T00:25:46","slug":"reseal-of-malaysia-grant-of-probate-in-australia-%e9%a9%ac%e6%9d%a5%e8%a5%bf%e4%ba%9a%e9%81%97%e5%98%b1%e8%ae%a4%e8%af%81%e5%9c%a8%e6%be%b3%e5%a4%a7%e5%88%a9%e4%ba%9a%e7%9a%84%e9%87%8d%e6%96%b0","status":"publish","type":"post","link":"https:\/\/chuatan.com.au\/zh-hant\/reseal-of-malaysia-grant-of-probate-in-australia-%e9%a9%ac%e6%9d%a5%e8%a5%bf%e4%ba%9a%e9%81%97%e5%98%b1%e8%ae%a4%e8%af%81%e5%9c%a8%e6%be%b3%e5%a4%a7%e5%88%a9%e4%ba%9a%e7%9a%84%e9%87%8d%e6%96%b0\/","title":{"rendered":"Resealing a Malaysian Grant of Probate or Letters of Administration in Victoria"},"content":{"rendered":"

Where a person who died domiciled in Malaysia left assets in Victoria, such as an apartment, a bank account or shares, the Malaysian grant of probate or letters of administration does not of itself authorise the executor or administrator to deal with those assets. The usual solution is to apply to the Supreme Court of Victoria to have the Malaysian grant resealed. Malaysia is one of the jurisdictions whose grants may be resealed in Victoria, so in most cases a fresh Victorian grant<\/a> is not required. Once resealed, the grant has the same effect in Victoria as if it had been made here.<\/p>\n

The legal framework<\/h2>\n

Resealing in Victoria is governed by Part III of the Administration and Probate Act 1958<\/em> (Vic) and the Supreme Court’s probate rules. Part III permits the Court to reseal grants made by a court of competent jurisdiction in other Australian states and territories and in specified overseas jurisdictions, including Malaysia, Singapore<\/a>, Hong Kong, New Zealand and the United Kingdom. The original grant must have been made by a court. In Malaysia, grants of probate and letters of administration are ordinarily issued by the High Court. Distribution orders made administratively in small estates, for example by a land administrator under the Small Estates (Distribution) Act 1955<\/em> (Malaysia), are not court grants of the same kind, and advice should be obtained on whether a Victorian grant must instead be sought.<\/p>\n

Who may apply<\/h2>\n

The application may be made by the person to whom the Malaysian grant was made, or by an attorney acting under a power of attorney given by that person. Many Malaysian executors appoint a Victorian attorney<\/a> so that the application, and later dealings with Victorian assets, can be handled locally.<\/p>\n

The process<\/h2>\n
    \n
  1. Obtain a sealed or certified copy of the Malaysian grant.<\/strong> The Probate Office requires the original grant, an exemplification, or a copy sealed and certified by the Malaysian court.<\/li>\n
  2. Translation.<\/strong> Any document not in English must be accompanied by a translation and supporting evidence of its accuracy.<\/li>\n
  3. Notice of intended application.<\/strong> As with an application for a Victorian grant, notice is ordinarily published on the Supreme Court website before the application is filed.<\/li>\n
  4. Affidavit and inventory.<\/strong> An affidavit in support, usually sworn by the applicant’s Victorian lawyer, is prepared together with an inventory of the assets and liabilities in Victoria.<\/li>\n
  5. Surety.<\/strong> For letters of administration, where the applicant resides outside Victoria the Court may require a surety guarantee supported by an affidavit of justification.<\/li>\n
  6. Filing.<\/strong> The application is filed electronically through RedCrest-Probate.<\/li>\n<\/ol>\n

    After the grant is resealed<\/h2>\n

    The executor or administrator may then collect Victorian bank funds, sell or transfer real property through Land Use Victoria, and deal with shareholdings. Victorian tax obligations, including capital gains tax<\/a> on the disposal of Australian real property and any obligation to lodge Australian tax returns for the estate, should be considered before assets are sold. Proceeds can then be remitted to Malaysia<\/a> in accordance with the will or the applicable rules of distribution.<\/p>\n

    Common issues<\/h2>\n
      \n
    • Different names in different documents.<\/strong> Malaysian identity documents, title records and bank records sometimes record names in different orders or romanisations. These discrepancies should be explained in the affidavit.<\/li>\n
    • Victorian family provision.<\/strong> The family provision regime in Part IV of the Administration and Probate Act 1958<\/em> (Vic) can apply to Victorian assets, including Victorian real property of a deceased person domiciled overseas. Distributing before the relevant time limits have passed carries risk.<\/li>\n
    • Will validity.<\/strong> Where a separate Australian will exists, the relationship between the Australian and Malaysian wills must be checked carefully, since a later will may revoke an earlier one.<\/li>\n
    • Joint assets.<\/strong> Victorian property held as joint tenants passes to the survivor and does not require a resealed grant.<\/li>\n<\/ul>\n

      Documents commonly required<\/h2>\n
        \n
      • Sealed or certified copy of the Malaysian grant and the will<\/li>\n
      • Death certificate, with certified translation if required<\/li>\n
      • Power of attorney, if an attorney is applying<\/li>\n
      • Details of the Victorian assets and liabilities<\/li>\n<\/ul>\n

        How we can assist<\/h2>\n

        We act for Malaysian executors and administrators in resealing grants in Victoria and in collecting, selling and transferring Victorian assets. We communicate in English, Mandarin and Cantonese, can coordinate with the client’s Malaysian lawyers on the form of documents required, and can arrange for documents to be witnessed and authenticated for use in either country.<\/p>\n

        \n

        Frequently asked questions<\/h2>\n

        Can a Malaysian grant of probate be used in Victoria?<\/h3>\n

        Not directly. A Malaysian grant of probate or letters of administration does not of itself authorise the executor to deal with assets in Victoria. Because Malaysia is one of the jurisdictions whose grants can be resealed in Victoria, the usual step is to apply to the Supreme Court of Victoria to reseal the Malaysian grant rather than obtain a fresh Victorian grant.<\/p>\n

        Who can apply to reseal a Malaysian grant in Victoria?<\/h3>\n

        The application may be made by the person to whom the Malaysian grant was made, or by an attorney acting under a power of attorney given by that person. Many Malaysian executors appoint an attorney in Victoria so that the application, and later dealings with the Victorian assets, can be handled locally.<\/p>\n

        What documents are needed to reseal a Malaysian grant?<\/h3>\n

        Usually the original grant, an exemplification, or a copy sealed and certified by the Malaysian court; English translations of any documents not in English, with evidence of accuracy; and an affidavit with an inventory of the Victorian assets and liabilities. A notice of intended application is ordinarily published on the Supreme Court website before filing through RedCrest.<\/p>\n

        Is tax payable when selling a Victorian property after resealing?<\/h3>\n

        Possibly. Before assets are sold, the executor should consider Australian tax obligations, including capital gains tax on the disposal of Australian real property and any requirement to lodge Australian tax returns for the estate. Advice from an Australian tax adviser should be obtained before the sale proceeds are sent to Malaysia.<\/p>\n<\/div>\n

        Chua Tan Associates is a Melbourne law firm established in 1990, acting for clients in Australia and overseas in English, Mandarin and Cantonese. To arrange a confidential consultation, please contact our office on +61 3 9602 3988 or at chuatan@tpg.com.au. This article provides general information only and does not constitute legal advice.<\/em><\/p>\n