When a person dies it is necessary to make an application for Probate to the Court for their Will to be recognised.
If everything is in order, the Court will issue a Grant of Probate.  Until a Grant of Probate is issued, none of the assets of the deceased can be distributed to the beneficiaries named in their Will.

Resealing

A problem can arise where the deceased owns assets that are not located in their own country of domicile.This means that any assets not located in origin country cannot be dealt with under the their Probate granted by origin country.

A Resealing of Probate is the expression used when you need to apply to another jurisdiction, so that a Will that has already obtained a Grant of Probate in one country, can be recognised in another country (particularly, commonwealth country).Once a Reseal of Probate has been granted, the Executor shall only able to deal with the assets under the Will that are not located in the country .

The procedure for resealing

Generally, an applicant applying to the court for a reseal of probate must be accompanied by an affidavit, which includes:-

1. The place, time and time of death of the deceased, with a death certificate (if the original death certificate has been confiscated, a copy of the extraction of Death Certificate may be requested from the local government and certified by the officer of the Death Registry;
2. The details of the probate or letter of administration issued by a probate court of his country of domicile, the name of the court and the case number, and the court order;
3. whether the deceased lived or ran a business in Malaysia within twelve months prior to his death;
4. list of debts and creditors;
5. list of assets and liabilities;
6. Administration Oath.
    

Hearing

The appointed lawyer will prepare the cause papers to be filed in the High Court. Hearing date will be fixed on which the applicant must be present himself for hearing by the court’s registrar.
Upon completion, the Court will grant a court order to reseal the probate
The Malaysian court will then issue Memorandum of Resealing and Notice of of Resealing to the origin Probate Court.

Transfer and Transmission

When the Probate has been resealed, the Executor may deal with all land of the estate of the deceased by way of Transfer and Transmission. The legal fees for the transfer will be based on the current market value, but the payable stamp duty shall be only nominal instead of ad valorem.

It is important to note that if the land is subject to certain restriction of interest, (i.e the particular land will have to be subject to the by the state government’s consent before one can acquire the land), the applicant must seek the legal advise to ensure all the requirement are met before proceed the same.