What Happens If Someone Holds Assets in Singapore When They Pass

It is increasingly common for individuals to live or work in both Malaysia and Singapore. When such a person passes away in Malaysia, the family typically obtains a Grant of Probate from the Malaysian courts.

However, complications arise when the deceased also held assets in Singapore – such as bank accounts, CPF savings, insurance policies, shares or property.

Families often discover that the Malaysian Grant of Probate cannot be used directly in Singapore. What should they do then?

What Should the Executor Do?

The executor must obtain either:
1️.  A Resealed Malaysian Grant of Probate in Singapore, or
2️.  A Fresh Grant of Probate issued by Singapore Courts.

This article compares both options and how families can identify unknown Singapore assets.

Why a Malaysian Grant of Probate Is Not Valid in Singapore

A Malaysian Grant of Probate allows an executor to deal with assets in Malaysia, but the Malaysian Grant of Probate is not recognised in Singapore by Singapore financial institutions.

This means:

• Singapore banks
• Central Depository (CDP) / Singapore Exchange (SGX)
• Insurance companies 
• Securities companies 

…cannot release funds or assets unless the executor presents a valid grant – issued or recognised in Singapore.

To satisfy this requirement, executors typically reseal their Malaysian grant of probate or apply for a fresh grant of probate in Singapore.

For official guidance, see the Singapore Courts’ explanation of foreign probate requirements.

Option 1: Resealing a Malaysian Grant of Probate in Singapore

What Is Resealing? 

Resealing is the process by which the Singapore Courts officially recognises a foreign Grant of Probate. Once resealed, a foreign grant has the same effect as a Singapore-issued probate grant, allowing institutions in Singapore to release the deceased’s assets. 

Because Malaysia is a Commonwealth country, resealing is permitted under Singapore’s Probate and Administration Act.

When Is Resealing Suitable?

Resealing is suitable when:

• There is a valid foreign grant of probate or foreign grant of letters of administration issued by the Malaysian Courts.
  
• The foreign grant is issued by a court in a Commonwealth Country or Hong Kong (eg. Malaysia).

Documents Required for Resealing in Singapore

Typical requirements include:

• Electronic extract of the Malaysian Grant of Probate
  
• Court certified true copy of the will
  
• Death certificate
  
• IDs of the deceased, executor(s) and beneficiaries

Option 2: Applying for a Fresh Grant of Probate in Singapore

Resealing may not always be appropriate. A fresh grant of probate is appropriate when:

• The Malaysian grant cannot be resealed
• The executor is unable to act on the Will for various reasons
• The Malaysian and Singaporean applications are applied for concurrently 

What a Fresh Singapore Probate Involves

A fresh Singapore probate application requires:

• The original foreign will
• Death certificate
  
• IDs of the deceased, executor(s) and beneficiaries

What If the Family Is Unsure What Singapore Assets Exist?

This is a common issue faced by many families. 

Many who have worked in Singapore decades ago may have opened bank accounts, contributed to CPF, purchased insurance, or invested in shares – all while their families in Malaysia have little to no documentation of.

Why Asset Searches is Crucial

A structured asset search can uncover:

• Bank accounts
  
• CDP accounts and SGX shares
  
• Unit trusts or investment portfolios
  
• Property ownership (HDB, private)
  
• Past employment benefits or unclaimed payouts
  
• Business ownership or directorships
  
• Digital wallets or fintech accounts 

Without conducting an asset search in Singapore, these would be left unclaimed, possibly wasting many years of effort and savings.

Resealing a Malaysian Grant of Probate in Singapore?

Losing a loved one is hard. It gets even tougher when you have to sort the paperwork during the grieving process. Consider engaging an experienced professional to handle cross-border complexities, and minimise the stress and overwhelm that comes with it. 

Contact LP Law for assistance with any foreign probate and cross-border matters in Singapore.

Disclaimer:

The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.