Estate Matters and Distribution of Assets — Part 4
Welcome back to the last installment of our four-part series!
In this section, we will share more about applying for the Resealing of a Foreign Grant, helping you understand what it is and how it works.
In Singapore, Foreign Grants issued by Commonwealth Countries and Hong Kong may be resealed by the Family Division of the High Court.
Essentially, this means that the Foreign Grant is recognised and given legal recognition by the Singapore Courts.
Upon resealing, the powers provided for in the Foreign Grant may be carried out in Singapore, with no alteration to its terms, as if it were a grant issued in Singapore.
Documents Required for the Application
When applying for a resealing of foreign grant, it is important to note that only Foreign Grants of Probate / Letters of Administration issued by Commonwealth Countries and/or Hong Kong are eligible for the resealing process.
For other countries, a fresh Grant of Probate or Letters of Administration application is required.
The Executors / administrators must file several documents through the Singapore Court’s eLitigation system:
- Originating Summons
- Statement
- Court Certified True Copy of Will or Original Will
- Original Death Certificate or Electronically verifiable Death Certificate
- Schedule of Assets
- Supporting Affidavit
- Administration Oath
- Administration Bond (if directed)
- Summons for Dispensation of Sureties (if sureties are required but not found)
- Consent of Dispensation of Sureties (if sureties are required but not found)
- Affidavit of Foreign Law (if directed)
Timeframe for Obtaining the Resealed Foreign Grant
The process typically takes at least 3 months from the time of application. However, this timeline can vary depending on the complexity of the case and the completeness of submitted documents.
On approval, the Singapore Courts will issue a Memorandum of Resealing and Notice of Resealing of Grant.
Why the Resealing Process is Important
The Resealing process ensures that the executor / administrator can legally manage the estate as approved in accordance with the Foreign Grant. Without it, financial institutions and other asset holders will not release the deceased’s assets. Additionally, the Resealed Grant of Foreign Probate serves to protect the executor and/or administrator from future legal challenges concerning the administration of the estate.
Distribution of Assets
Distribution of assets depends on whether the original foreign grant was a grant of probate or a letters of administration process:
- If the process was a grant of probate process, assets are distributed in accordance with the Will
- If the process was a letters of administration process, assets are distributed in accordance with the laws of the country of domicile. An affidavit of foreign law may be required to determine the distribution requirements.
Common Challenges in the Resealing of Foreign Grant Process
Executors / Administrators may face challenges, such as when there are:
- Missing documents which are foreign documents.
- Translation of foreign language documents to English.
- Production of an original or certified document requested by the Probate Registry
- Disputes among beneficiaries about the distribution of assets.
- The need for an administration bond or sureties when required by the court, which can delay the process if not promptly addressed.
- Providing an Affidavit of Foreign Law.
Obtaining a Resealed Foreign Grant of Probate is a crucial step in managing a deceased person’s assets. Though it may seem daunting, having the right information and documentation can streamline the process.
Our experienced legal professionals regularly handle resealing applications and are here to guide you through every step and concern. Reach out to us if you are involved in the process or need more information on how to navigate it.
