Singapore legislation
Clause 3
Clause 3
Repeal and re-enactment of section 46
Section 46 of the principal Act is repealed and the following section substituted therefor:“Power of court to re-seal46.—
Subject to subsections (3) and (4), where —
a court of probate in any part of the Commonwealth has, either before, on or after the date of commencement of the Probate and Administration (Amendment) Act 1998, 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 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 the date of commencement of the Probate and Administration (Amendment) Act 1998.”.