The Law of Trusts & Trustees in Malaysia & Singapore

Description

This comprehensive volume delves into the evolving landscape of trusts law in Malaysia and Singapore, offering a detailed examination of the legal frameworks, key judgments, and scholarly contributions that have shaped the field. With a focus on the practical application of the law, this book serves as a vital resource for legal practitioners and scholars, and also touches upon relevant aspects of UK trusts law.

Key Points:

• Explores the historical context and foundational principles of trusts, including the separation of legal and beneficial ownership and the core obligations of trustees to beneficiaries.
• Highlights significant judgments from revered judges that have influenced the interpretation and development of trusts law, including the pivotal case of Armitage v Nurse [1998] Ch 241.
• Examines the nature of beneficiaries’ rights, distinguishing between rights in rem and rights in personam, and discusses the evolving duties of trustees within this context.
• Analyzes the legal validity of trustee exemption clauses, particularly in light of Armitage v Nurse, and their application in Malaysian and Singaporean contexts.
• Provides a comparative study of Malaysia’s Trustee Act 1949 and Singapore’s Trustees Act (Cap 337), illustrating their similarities and adaptations to local circumstances, while also referencing relevant UK legislation.
• Discusses recent developments in charitable trusts law in the UK, including changes brought about by the Charities Act 2022, and their potential impact on Malaysian and Singaporean charity law.
• Offers insights into the practical implications of trusts law, including the balance between protecting beneficiaries’ interests and ensuring trustees are not burdened with excessive liabilities.

This book is intended to serve as a crucial reference for understanding trusts law in the context of Malaysia, Singapore, and the UK, providing clarity and depth on a subject of significant legal importance.

Table of Contents:
1. Understanding Trusts
2. Resulting Trusts
3. Constructive Trusts
4. Secret Trusts
5. Charitable Trusts
6. Purpose Trusts
7. Variation Revocation & Extinction of Trusts
8. Trustee Appointments
9. The Nature of Trusteeship
10. Trustee’s Remuneration
11. Trustees’ Duties
12. Trustee’s Powers
13. Breach of Trust Defences & Relief
14. Following & Tracing
15. Modern Islamic Trust Concepts Al-Amanah & WAQF
Index

ABOUT THE AUTHOR:

Dato’ R.K.Nandy is an Advocate and Solicitor of the High Court of Malaya (non-practicing). Having been in the housing development business for the past 9 years, he was in active legal practice for several years specializing in housing development law. Besides this book, the author’s other literary accomplishments and publications are as follows:

– Probate & Administration in Malaysia | Jan 2024
– Law of Wills in Malaysia and Singapore | Aug 2023
– Injunctions & Specific Performance in Malaysia | Nov 2023
– The Wealth Manager’s Guide to Islamic & Conventional (Wealth Management) | Oct 2023
– The Fundamentals of Islamic Wealth Management (Syariah & Legal Principles).
– The Islamic Worldview of Money, Social Finance, Wealth & Financial Wellbeing (Malaysia, Singapore & Brunei).
– The Student’s Guide to the Administration of Estates in Malaysia.
– Trustees Duties, Responsibilities & Liabilities in Malaysia.
– Islamic Estate Planning & Administration of Estates, Malaysia.
– Instruments of Dealings & Caveats in Malaysia.

Education:
– The author holds a Bachelor of Law degree from the University of Wales, United Kingdom, and was in active legal practice in Malaysia, before he ventured into the Property Development arena and the academia, over the past many years.

The author is also the course and content creator and the founder of the Professional Diploma Courses:
– Professional Diploma in Trust Management (Islamic & Non-Islamic).
– Professional Diploma in Estate Planning & Trust Management (Islamic & Non-Islamic).
– Professional Diploma in Conveyancing in Malaysia.
which are awarded by the London Examination Board of the United Kingdom.