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2002 MarsdenLR 1927 ; 2002 MarsdenLR 1

AZMEL BIN HJ MAAMOR
PHUA CHUI HAR – Appellant
Versus
AMANAH RAYA BERHAD – Respondent


Advocates:
1. Encik C.J. Tarn of Tetuan Rajindar Singh Veriah & Co. for the Plaintiff.
2. Encik Abqary bin Abdul Aziz of Amanah Raya Bhd. for the Defendant.

JUDGMENT

Through a Will made on 23.7.2001 the Deceased, Goh Swee Giak, created a trust in respect of her estate and appointed the Defendant as the executor and trustee of her estate. The Plaintiff in this case is the only beneficiary of the [2] Deceased's estate. The Plaintiff applied to this Court to extinguish the trust created by the said Will. The only ground given for the application was in order to save expenses in terms of fees that the Defendant may charge when it undertakes to administer the said estate.

I have requested Counsels from both parties to give their written submissions. After having considered all the circumstances of this case including the Counsels' submissions I arrived at the conclusion that the Plaintiff's application had no merits and I dismissed it with costs. My reasons are as follows.

Firstly, the terms of any will cannot be simply ignored and the wishes must be fully adhered to. In this case the Deceased had categorically stated in the Will that she wanted the Defendant to be the executor and trustee of her estate. She must have specific reasons for wanting to appoint [3] the Defendant to be the trustee of her estate. However, the Court is under no du

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