Testacy (With Will) – Grant Of Probate

court_gavel TESTACY (With A Will) GRANT OF PROBATE

LAWS OF MALAYSIA
Act 97  PROBATE AND ADMINISTRATION ACT, 1959

Grant of Probate to Executor 3.
(1) Probate may be granted to an executor appointed by a Will.
(2) The appointment of an Executor may be express or implied.
(3) Subject to Section 4, where several executors are appointed Probate may be granted to them all simultaneously or at different times.

Powers of Court to re-seal 52.

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.

Application to British Courts in foreign countries 53.

Any probate or letters of administration granted by a British Court in a foreign country may be sealed in Malaysia in the manner provided in Section 52, and this Part shall apply accordingly with the necessary modifications.

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