Obtaining a Fresh Grant of Probate and Resealing a Foreign Grant of Probate

Consider this scenario: John’s domicile (i.e. permanent home) is outside Singapore and he resides in Country X. However, John has substantial assets in both Country X and Singapore. John makes a will (the ‘foreign will’) in Country X which also included the distribution of his assets in Singapore. Soon after, John passes away in Country X.

For John’s assets located in Country X, the executor would obtain a grant of probate from the courts of Country X where John was domiciled in order to take control of his assets.

However, how can the executor take control and distribute John’s assets that are located in Singapore?

As a general rule, Singapore courts do not recognise foreign grants of probate (i.e. the grant of probate obtained in Country X in this scenario). A Singapore court order would therefore be required in order to manage John’s assets in Singapore.

How To Obtain a Singapore Court Order?

There are two ways of doing so, and this would depend on where the foreign grant of probate was obtained from (i.e. the deceased’s country of domicile):

Option 1: Resealing a Foreign Grant of Probate

If probate was obtained in a foreign country belonging to the Commonwealth or Hong Kong

In this case, if Country X was a foreign country belonging to the Commonwealth or Hong Kong, the executor can make an application to reseal the foreign grant of probate in Singapore.

Resealing a foreign grant of probate is the process of giving legal recognition to the original foreign grant of probate in the country in which it is being resealed (e.g. Singapore). In other words, it is as if the grant of probate had been issued in Singapore.

There is no alteration or change to the terms of the deceased’s will, and the powers given to the executor in the original foreign grant of probate can also be executed in Singapore.

How to reseal a foreign grant of probate in Singapore

All applications to reseal a foreign grant in Singapore must be made to the Family Division of the High Court.

The executor may also required to submit the following documents 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 the foreign country’s laws
• Death Certificate of the deceased
• Passport of the executor(s)
• Passport of the deceased
• Passport of the beneficiaries

If the application is successful, the High Court will issue a memorandum of resealing. Afterwards, the foreign grant will be in force in Singapore, and the executor can proceed to administer the deceased’s Singapore assets.

The process of resealing a foreign grant of probate typically takes around 2 to 3 months.

Option 2: Obtaining a Fresh Grant of Probate

If probate was obtained in a foreign country that is not part of the Commonwealth or Hong Kong

In this scenario, the executor must apply for a fresh grant of probate (i.e. it is not possible to reseal the foreign grant of probate). This will give legal recognition to the executor to manage the deceased’s estate and di

The key steps to obtaining a grant of probate are outlined here. Do note that you should file the application for a grant of probate within 6 months from the deceased’s death.

As for the court in which to file the application:

• For estates worth up to $5 million: The Family Courts.

   

• For estates worth above $5 million: The Family Division of the High Court.

After filing the application, you will need to file further supporting documents. If the submissions are in order, the court may grant the application without a hearing. If needed, you may need to attend court for a probate hearing (e.g. if your documents are incomplete).

The process of obtaining a fresh grant of probate generally takes around 2 to 3 months, depending on the complexity of the case.

After the court has approved your application and all relevant supporting documents including the Schedule of Assets, the court will issue the Grant of Probate. Do note that Grants are issued electronically but if required, you may also request a printed grant (a physical grant with an embossed court seal).

For a more detailed overview to a probate application, you may refer to our article on applying for a Grant of Probate.

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Resealing a foreign grant of probate or obtaining a fresh grant of probate can be a complex and overwhelming process. There may be added complexities if the grant of probate is contentious, such as when parties dispute the validity or terms of the deceased’s will, or there are competing claims to the deceased’s estate.

Further legal complexities may arise if the country in which the deceased had resided in or was domiciled has forced heirship laws, which require the estate to be distributed in a stipulated manner. Additionally, if the deceased was a Muslim, this may affect the probate process as well.

It is highly recommended to reach out to an experienced probate lawyer for further legal advice. You can kickstart your search with our top-rated and highly recommended lawyers here.