What is a Letters of Administration [“LA”]?
A Letter of Administration is a piece of court order that the administrator has to apply in order to administer the estate of the deceased who passed away without a wills.
How to reseal of Letter of Administration?
Situation 1 : obtained a Letter of Administration in the Sarawak High Court or Sabah High Court.
The deceased who passed away, may own properties throughout Malaysia. Ie, he owns 3 properties in Kuala Lumpur, and 1 property in Kuching, Sarawak.
The deceased dies without a will.
The deceased’s administrator (usually the family member, ie, the wife or eldest son or daughter) applied and obtained the Letter of Administration in Sarawak, Kuching.
The question become does the administrator needs to apply for a fresh Letter of Administration in Kuala Lumpur in order for them to administer the deceased property in Kuala Lumpur?
The answer is yes. They have to file a fresh Letter of Administration in Kuala Lumpur.
This is because the resealing of Letter of Administration only apply to foreign probate order obtained from oversea Commonwealth countries.
Situation 2 : Letter of Administration obtained in Commonwealth Country, ie Singapore or Australia
The administrator who obtained a Singapore Letter of Administration can apply to reseal the Letter of Administration in the High Court of Malaya and/or High Court of Sabah and Sarawak.
Under Section 52 of the Probate and Administration Act 1959 (Act 97):
“Where a Court of Probate in any part of the Commonwealth has, either before or after the passing of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters of administration so granted, or a certified copy thereof, sealed with the seal of the court granting the same, may, on being produced to and a copy thereof deposited in the High Court, be sealed with the seal of the High Court, and thereupon shall be of the like force and effect, and have the same operation in Malaysia, as if it were a grant made by the High Court:
Provided that-
(a) if it appears that the deceased was not, at the time of his death, domiciled within the jurisdiction of the court from which the grant issued, the seal shall not be affixed unless the grant is such as the High Court would have made; and
(b) before the probate or letters of administration is sealed with the seal of the High Court, the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.”
Conclusion
If you have a foreign Letter of Administration and it has been obtained with the foreign commonwealth country, it can be re-seal in the Malaysian High Court. However, if the Letter of Administration has been obtained through the High Court of Sabah and Sarawak, a fresh Letter of Administration has to be re-applied with the High Court of Malaya.
The above article is for general information only and does not constitute legal advice. For advice on your specific circumstances, speak to us.
