Singapore legislation

Regulation 46

of Family Justice (Probate and Other Matters) Rules 2024

Regulation 46

Resealing (P. 6, r. 46)

Subregulation 1

An application for the resealing of probate or letters of administration under section 47 may be made by the person to whom the grant was made or by his or her lawfully constituted attorney.

Subregulation 2

An application for resealing must be by originating application without notice in Form 162.

Subregulation 3

Within 14 days after filing the originating application without notice, the applicant must file an affidavit in Form 163 verifying the information in the originating application without notice and there must be exhibited to the affidavit —

(a)

the originating application without notice;

(b)

a copy of the sealed original foreign grant or sealed certified true copy of the foreign grant;

(c)

a copy of the will, if any; and

(d)

all other supporting papers as the Registrar may require.

Subregulation 4

Where the deceased died before 15 December 2003, the applicant must state in the originating application without notice whether, to the best of the applicant’s knowledge, there is any probate application, probate action or application for resealing in respect of the deceased’s estate.

Subregulation 5

An attorney making an application for the resealing of probate or letters of administration under section 47 must —

(a)

file a certified true copy of the power of attorney with the originating application without notice; and

(b)

prove that he or she has deposited it or a certified copy of it in the Registry of the Supreme Court in the manner provided by the Conveyancing and Law of Property Act 1886.

Subregulation 6

No limited grant may be sealed except with the permission of the Registrar.

Subregulation 7

Every grant lodged for resealing must include a copy of any will to which the grant relates which has been certified as correct by or under the authority of the court by which the grant was made.

Subregulation 8

The Registrar must send notice of the resealing to the court which made the grant.

Subregulation 9

The memorandum of resealing a grant of probate or letters of administration and the form of notice of resealing the grant pursuant to the Act must be in Forms 174 and 175, respectively.