Chapter 10 - Resealing of Grants

Question 1

RESEALING OF GRANTS

Overview

Answer 1

1) What is resealing of grant
2) Powers to reseal grant
3) Security bond

Question 2

RESEALING OF GRANTS

What is resealing of grants

Answer 2

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Question 3

RESEALING OF GRANTS

Powers to reseal grant - small estate

Answer 3

S.6 SEDA

• powers of HC to reseal grants made outside Malaysia;
• estate must be categorised as small estate.

Question 4

RESEALING OF GRANTS

Powers to reseal grant - grants by Commonwealth countries

Answer 4

S.52 PAA

• grants granted by Commonwealth countries can be resealed by Malaysian HC;
• effect: operate the same way as grant made by Malaysian HC.
• EFFECT: Parties will not be able to deal with all assets in Malaysia until a resealing order is obtained. The Bank and government bodies e.g land office will require an order from a Malaysian court.

Question 5

RESEALING OF GRANTS

Powers to reseal grant - grants by British court

Answer 5

S.53 PAA

• grants granted by British court may be resealed in Malaysia.

Question 6

SECURITY BOND

Overview

Answer 6

1) Need for security bond in general

2) Need for security bond for creditors

Question 7

SECURITY BOND

Need for security bond - general

Answer 7

S.55 PAA

• Security bond must be given for the purpose of resealing an LA.

Question 8

SECURITY BOND

Need for security bond - creditors

Answer 8

S.56 PAA

• Need for security for creditors in Malaysia;
• Applicable if the deceased was carrying a business or resided in Msia within 12 months of death.
• Creditors can give request for notice of resealing.

Question 9

PROCEDURES TO RESEAL GRANTS

The law & procedures

Answer 9

1) O.71, r.5:

• mode: OS
• form: Form 6
• affidavit: Form 159
• time: 3 years, delay must be explained

2) O.71, r.7:

• exhibits:
• • the will must be an exhibit to the affidavit.
• non-english will must be translated & certified by a Court interpreter.