No Probate Proceeding in Japan because Heirs Inherits Debts.

i) Japanese Civil Law Code follows the concept of Universal Succession, heirs
automatically receive the ownership of the assets of the deceased and inherit
debts of the deceased (THEREFORE, NO PROBATE PROCEEDING EXIST IN
JAPAN)

ii) Heirs or the Executors whom are designated in the “Will” are entitled to
administer the Estate, without having to refer to the Public Authority.

Summarisation
1) Wills in Malaysia are governed by the Will Act 1959, which outlines the requirements
for creating a valid will in Malaysia.

2) However, if a Japanese national (non-Commonwealth country citizen) has created a

“Will” in Japan that adheres to the legal requirements in the domicile state, it will still
be recognized in Malaysia under certain circumstances.

3) Recognized and enforced if they are validly executed under the laws of the country in
which they were made AND does not conflict with Malaysian law.

4) If a Japanese national who owns assets in Malaysia has passed away, their executor
or administrator may need to apply for a grant of probate or letters of administration
from the Malaysian courts in order to deal with those assets.

In cases where the grant of representation was obtained from a non-Commonwealth

country, the personal representative would have no other choice except to apply for a
fresh grant of representation (either grant of probate or letters of administration) from
the High Court.

Non – Commonwealth Country

How :-
1) Fresh application of Letter of Representation made to High Court of Malaysia by the
Executor

2) Provide supporting documents.