Foreign Wills and Estates with Malaysian Assets: Translation and Probate

Short answer: If a will used in a Malaysian probate application is not in English, Order 71 rule 7 of the Rules of Court 2012 requires "a translation certified by a Court Interpreter or a translation verified by the affidavit of a person qualified to translate it". A grant of probate from a Commonwealth country can be resealed by the Malaysian High Court under section 52 of the Probate and Administration Act 1959. Grants from other countries, such as China, Taiwan, Japan, Korea, Indonesia or Thailand, cannot be resealed, so the executors or heirs need a fresh Malaysian grant, which law firms estimate takes 4 to 6 months against 2 to 3 months for resealing. Foreign death certificates, heirship documents and powers of attorney must also be legalised, because Malaysia is not a party to the Apostille Convention.

What we do: certified English translations of foreign wills, grants, death certificates and family documents, with a translator's affidavit where needed. Our team is certified by ITBM, DBP and the Malaysian Translators Association, includes Kuala Lumpur and Sarawak High Court interpreters and NAATI-certified translators, and works with Notaries Public in Malaysia, Singapore and Australia. We also translate and legalise Malaysian documents that heirs need abroad. Send the documents on WhatsApp for a quote.

Last reviewed: October 2026. For court translation rules in general, see the High Court translation guide.

Resealing or a fresh grant?

  • Commonwealth grants (for example the United Kingdom, Singapore, Australia, New Zealand or India): a grant made by "a Court of Probate in any part of the Commonwealth" may be "sealed with the seal of the High Court" (section 52), subject to the deceased's domicile and the court's directions.

  • All other grants: resealing "is not available"; executors must "apply for a fresh Grant of Probate or Letters of Administration in Malaysia".

  • Either way, any document not in English is filed with a certified translation.

Foreign wills

Under section 27 of the Wills Act 1959, a will executed outside Malaysia is valid in form if it follows Malaysian requirements, the law of the place where it was signed, or the law of the testator's domicile when it was signed or at death. The Act applies to Peninsular Malaysia only (Sabah and Sarawak have their own laws) and does not apply to Muslims. In practice the foreign will "must first be translated into English", and its validity is usually shown by an affidavit of foreign law, which can add "several months".

Documents heirs abroad usually provide

  • The death certificate, with a certified English translation if it is in another language.

  • The will and, where one exists, the foreign grant or court order.

  • Identity documents of the applicant and the heirs.

  • Marriage and birth certificates, or an official kinship certificate, to prove each heir's relationship.

  • A power of attorney if an heir abroad appoints someone in Malaysia to act.

Documents issued abroad must be legalised for use in Malaysia. Denmark's foreign ministry, for example, notes that Malaysia has not acceded to the Apostille Convention, so Danish documents are apostilled and then "additionally legalised by the Embassy of Malaysia". Check the rule with the Malaysian embassy in the country that issued the document.

Smaller and Muslim estates

  • Small estates: an estate worth up to RM5 million is handled by the Department of the Director General of Lands and Mines (JKPTG) or Amanah Raya Berhad, not the High Court. The 2022 amendment raised the limit from RM2 million and removed the requirement that the estate include land.

  • Amanah Raya summary administration: movable property up to RM600,000.

  • Muslim estates: the Syariah Court confirms the heirs and their shares under faraid and can issue a faraid certificate.

Foreign documents in these routes need certified translations too; the office will tell you which copies it wants.

Malaysian documents for estates abroad

The reverse is common for families in China, Taiwan, Hong Kong and Singapore: a Malaysian death certificate, birth certificates and a statutory declaration have to be translated and legalised for an estate abroad. See our China legalisation guide and birth certificate translation guide.

Maklumat dalam Bahasa Melayu

Jika wasiat yang digunakan dalam permohonan probet di Malaysia bukan dalam bahasa Inggeris, Aturan 71 kaedah 7 Kaedah-Kaedah Mahkamah 2012 menghendaki terjemahan yang diperakui oleh Jurubahasa Mahkamah atau disahkan melalui afidavit penterjemah yang layak. Geran probet dari negara Komanwel boleh dimeterai semula (seksyen 52 Akta Probet dan Pentadbiran 1959), manakala geran dari negara lain memerlukan permohonan baharu di Malaysia. Pasukan kami termasuk jurubahasa Mahkamah Tinggi. WhatsApp: +60 17-227 9378.

中文说明

如果在马来西亚申请遗嘱认证时使用的遗嘱不是英文,根据《2012年法庭规则》第71号令第7条,必须附上由法庭传译员认证、或由合格译者以宣誓书核实的英文译本。英联邦国家的遗嘱认证书可在马来西亚高庭重新盖印;中国大陆、台湾、日本等地的认证书不能重新盖印,须在马来西亚重新申请。我们的团队包括高庭传译员,可提供遗嘱、死亡证及亲属关系文件的认证翻译。WhatsApp:+60 17-227 9378。

Common questions

Can a Chinese or Taiwanese grant of probate be resealed in Malaysia?

No. Resealing under section 52 is for grants from Commonwealth countries. Estates relying on grants from elsewhere need a fresh Malaysian grant, with the foreign documents translated and legalised.

Who can translate a foreign will for the High Court?

A Court Interpreter, or a person qualified to translate it who verifies the translation by affidavit (Order 71 rule 7). Our team includes High Court interpreters.

Do foreign death certificates need legalising?

Yes, in most cases. Malaysia is not a party to the Apostille Convention, so foreign public documents are legalised through the Malaysian embassy or consulate in the issuing country.

Our estate is under RM5 million. Does this still apply?

The forum changes to JKPTG or Amanah Raya, but foreign documents still need certified translations.

Related guides

Sources:

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Serving Malaysian Court Documents Abroad: Translation Rules under Order 11