When someone passes away in the UK and leaves assets in Malaysia, the UK Grant of Probate isn’t automatically recognised. You usually need to reseal the UK probate in a Malaysian court to administer those assets. This blog covers the process of resealing UK probate for use in Malaysia.
What Does Resealing Mean?
A Grant of Probate has territorial boundaries. A document issued by the UK Probate Registry only grants you control over assets within the UK. However, under Section 52 of the Malaysian Probate and Administration Act 1959, Malaysia and the UK have a reciprocal relationship as Commonwealth members. This allows the Malaysian High Court to place its own seal on the original UK grant. Once resealed, the document has the same legal power in Malaysia as if it had been issued there from the outset. The legal basis for resealing is set out in the Malaysian Probate and Administration Act 1959.
If you are unfamiliar with the concept, read our full guide explaining probate resealing.
The Benefits of Resealing
Speed – It is substantially faster than applying for a fresh Malaysian Grant of Probate.
Cost – It eliminates the need to reprove the will or restart the entire legal application from scratch.
Simplicity – you are requesting that the Malaysian court acknowledge an already-existing, legitimate UK court order.
The Resealing Process
The Malaysian court will check if the deceased was domiciled in the UK at the time of death. If the deceased was a Malaysian citizen living in the UK temporarily, the court could be more hesitant to reseal and may seek further evidence.
You will generally require the following (all must be authentic or court-certified):
- The UK Grant of Probate (with the Will appended). It is recommended to have at least four court-sealed copies.
- An official Death Certificate.
- The Executor’s identification (Passport/IC).
- A list of the Malaysian assets (bank statements, share certificates, or property titles).
- Affidavit of Assets: An official document listing the value of the Malaysian estate.
You can also review our overview of overseas probate reseals and jurisdictions we support.
Things to Consider
Inheritance Tax
Malaysia does not currently have an inheritance or estate tax; the UK has its own IHT regulations. However, you must ensure all UK tax liabilities are resolved or recorded, as the Malaysian court may seek a Certificate of Clearance or confirmation that any local debts (including Malaysian income tax) have been settled before assets are distributed.
Asset Types
If the deceased possessed land or a residence in Malaysia, the resealed grant must be registered with the local Land Office to transfer the title. For bank accounts or shares (such as those on Bursa Malaysia), the resealed grant is provided to the financial institution to release the monies. For shares and listed securities, Bursa Malaysia provides official market and ownership information.
The 9-12 Month Rule
While the court process might take a few months, the end-to-end journey, from obtaining the UK paperwork to receiving the Malaysian funds, often takes 9 to 12 months. Patience is a virtue here.
