If a foreigner passes away in their home country, his next of kin would naturally have probate done in the courts of their home country, but what if the foreigner also has assets in Singapore? What should their executor and beneficiaries do to take control of their assets in Singapore?
If the foreigner has assets in Singapore, the financial institutions in Singapore would require the next of kin to produce a Singapore court order that grants the power to the executor to manage their estate. In legal language, we say that the executor needs to apply to the Singapore courts to “reseal the foreign grant of probate”.
In general, if a foreigner has died, and:
- They are domiciled in any of the Commonwealth Countries or Hong Kong:
- They have assets in Singapore; and
- The executors have already obtained a Grant of Probate from the persons home country
then, the personal representative may apply for that Grant to be resealed in Singapore. Upon resealing the foreign Grant, the legal representative may deal with the deceased’s assets in Singapore. This means the legal representative or the executor can produce the Resealing Court Order and request the financial institutions to transfer the monies or assets to him for him to distribute to the lawful beneficiaries.
In determining whether to grant a resealing grant of probate, the Singapore court must be satisfied that the original will and grant of probate were made according to the laws of the original jurisdiction.
At PKWA Law, we frequently act for executors who wish to apply for resealing the grant of probate regarding a deceased foreign national who has assets in Singapore.