RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF SINGAPORE
46. In this Part —
“Commonwealth” shall, for the purposes of this Part, be deemed to include any country in the Commonwealth which the Minister may, by notification in the Gazette, specify to be a country to which this Part applies;
“court of probate” means any court or authority by whatever name designated, having jurisdiction in matters of probate;
—(1) Subject to subsections (3) and (4), where —
a court of probate in any part of the Commonwealth has, either before, on or after 25th February 1999, granted probate or letters of administration in respect of the estate of a deceased person; or
a court of probate in a country or territory, being a country or territory declared by the Minister under subsection (5) as a country or territory to which this subsection applies, has, on or after a date specified by the Minister in respect of that country or territory (referred to in this section as the relevant date), 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 Supreme Court.
(2) Upon sealing under subsection (1), the probate or letters of administration shall be of the like force and effect, and have the same operation in Singapore, as if granted by the High Court to the person by whom or on whose behalf the application for sealing was made.
(3) Before the probate or letters of administration is sealed with the seal of the Supreme Court, the High Court may require such evidence as it thinks fit as to the domicile of the deceased person.
(4) 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 was issued, the seal shall not be affixed unless the grant is such as the High Court would have made.
(5) For the purposes of subsection (1)(b), the Minister may, by notification in the Gazette —
declare any country or territory, which is not a part of the Commonwealth, as a country or territory to which subsection (1) applies; and
specify the relevant date in respect of that country or territory which may be a date before, on or after 25th February 1999.
48. The provisions of the Estate Duty Act (Cap. 96), including the penal provisions thereof, shall apply as if the person who applies for sealing under this Part were an executor within the meaning of that Act, and section 42 of that Act shall apply with the necessary modifications to the re-sealing of grants under this Part.
—(1) Before the sealing of letters of administration under this Part, the administrator or his attorney shall give security by a bond in the prescribed form for the due administration of the estate.
(2) Such security shall be subject to section 29 relating to security to be given in the case of a grant of letters of administration.
—(1) Where the deceased has carried on business or resided in Singapore within 12 months of his death, the court or a judge may, on the application of a creditor of the deceased or otherwise, before a grant of probate or letters of administration is re-sealed, require adequate security to be given for the payment of debts due to creditors residing in Singapore.
(2) Any such creditor may give notice in writing to the registrar, requiring that he be notified of any application for the sealing of a grant of probate under this Part; and no such grant shall be sealed before the expiration of 7 days after service on such creditor of a notice in writing of an application for sealing.
51. Notice of the sealing of a grant under this Part shall be sent forthwith by the registrar to the court from which the grant is issued.
52. When notice has been received by the court of the re-sealing of a grant issued in Singapore, notice of any revocation or alteration of the grant shall be sent forthwith by the registrar to the court so re-sealing the grant.