The Law of Trusts & Trustees in Malaysia & Singapore | 2024*

The Law of Trusts & Trustees in Malaysia & Singapore | 2024 (Coming Soon)

**Expected delivery period: 7 - 20 working days upon publication

This extensive volume explores the evolving trusts law landscape in Malaysia and Singapore, providing an in-depth analysis of the legal frameworks, landmark judgments, and academic insights that have influenced the field. Emphasizing the law's practical application, it is an essential resource for legal practitioners and scholars, while also addressing relevant elements of UK trusts law.

FORWARD:

The law of trust is an important area of law in common law countries including Malaysia and Singapore. It facilitates a wide range of transactions and serves as a versatile and effective mechanism for purposes such as wealth management and charitable contributions. As societal needs and norms evolve, trust law must also adapt to address emerging challenges and opportunities effectively, while striving to ensure fair and equitable outcomes.

The book offers a comprehensive and insightful examination of the legal and practical application of trust law in Malaysia and Singapore. It explores the historical development of trusts, elucidates the essential principles that govern their formation and operation, and analyses several important topics including the evolving responsibilities and duties of trustees, as well as the defences, and remedies available for breaches of trust. Additionally, it highlights the similarities and differences within the legislative frameworks of both jurisdictions, supported by a thorough analysis of relevant case law. This comparative perspective enhances our understanding of trust law and provides valuable insights for cross-border transactions and dispute resolution.

The author has effectively navigated the complexities associated with this area of law, delivering clear and concise explanations in a well- structured, systematic, and coherent manner to facilitate effective navigation and enhance access to information. I commend the author for the meticulous research and detailed analysis presented in this publication. Indeed, this book constitutes a timely and significant contribution to legal literature, and it will undoubtedly serve as a valuable resource for judges, lawyers, and academics alike.
Tun Tengku Maimun Tuan Mat
Chief Justice of Malaysia
November 2024

Key Highlights:

- Traces the historical origins and foundational principles of trusts, focusing on the separation of legal and beneficial ownership and the core duties trustees owe to beneficiaries.  
- Features landmark judgments, including *Armitage v Nurse* [1998] Ch 241, that have shaped the interpretation and development of trusts law.  
- Explores the nature of beneficiaries’ rights, differentiating between rights in rem and rights in personam, while addressing the evolving responsibilities of trustees.  
- Investigates the enforceability of trustee exemption clauses, particularly in light of *Armitage v Nurse*, and their application within Malaysian and Singaporean legal frameworks.  
- Compares Malaysia’s Trustee Act 1949 and Singapore’s Trustees Act (Cap 337), highlighting their similarities, local adaptations, and connections to relevant UK legislation.  
- Reviews recent advancements in UK charitable trusts law, including reforms under the Charities Act 2022, and considers their implications for Malaysia and Singapore.  
- Examines the practical aspects of trusts law, balancing beneficiary protection with the need to prevent undue burdens on trustees.  

This book is designed to be an indispensable resource for understanding trusts law across Malaysia, Singapore, and the UK, offering comprehensive insights into this critical area of legal study.

Table of Contents of The Law of Trusts & Trustees in Malaysia & Singapore:

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 a non-practicing Advocate and Solicitor of the High Court of Malaya. With over nine years of experience in the housing development sector, he previously had an active legal practice, focusing on housing development law. In addition to this book, his other notable literary works and publications include:

–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 earned a Bachelor of Laws degree from the University of Wales, United Kingdom, and practiced law actively in Malaysia before transitioning into the property development industry and academia over the years.  

He is also the founder, course designer, and content creator of the following Professional Diploma programs, awarded by the London Examination Board, United Kingdom:  
- Professional Diploma in Trust Management (Islamic & Non-Islamic)  
- Professional Diploma in Estate Planning & Trust Management (Islamic & Non-Islamic)  
- Professional Diploma in Conveyancing in Malaysia

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