HIGH COURT MALAYA SHAH ALAM
MUSFIRAH NABILA MUSA – Appellant
Versus
RADZIAH MOHD NOR & ANOR – Respondent
| Table of Content |
|---|
| 1. trustee disability raises issues regarding trust recourse. (Para 1 , 2 , 3) |
| 2. plaintiff's status as a minor alters trust dynamics. (Para 4 , 5 , 8) |
| 3. 3 certainties are essential for validating a trust. (Para 9 , 10 , 11 , 12 , 19) |
| 4. trustee act applies for remedies when trustees are disabled. (Para 13 , 14 , 15 , 16 , 20) |
| 5. court must ensure fairness in trust extinguishment and related orders. (Para 23 , 24 , 26 , 27) |
[1] This case raises the following three questions:
(1) where a trust deed provides for a sole trustee to hold an interest in land for the benefit of a minor (Beneficiary) and when the sole trustee suffers a disability, what recourse is available to the Beneficiary? This concerns an application of s 48(b)(i) of the Trustee Act 1949 ( TA ). My research is not able to disclose any previous Malaysian case which has construed s 48(b)(i) ;
(2) when the Beneficiary reaches the age of majority, whether the Beneficiary can apply to Court for an order to extinguish the trust; and
(3) if the Court extinguishes the trust, whether the Court can make the following consequential orders:
(a) land compensation (paid by the State Authority to the sole trustee for acq
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.