Malaysian Trust Law, 2nd Edition, Mary George, Sujata Balan

Mary George is a Professor of Law at the Faculty of Law and a member of the Institute of Ocean and Earth Sciences, University of Malaya. She served as the head of the Law, Policy and Governance Unit of the Institute of Ocean and Earth Sciences, University of Malaya (2007–2016). At the Faculty, she has been teaching Equity and Trust Law since 1986.
Besides, she also teaches the Law of the Sea and supervises PhD candidates. She has authored more than 60 publications in English and some in Bahasa Melayu. Her most recent co-authored publication is a Marine Pollution Bulletin entitled “Marine Debris in Malaysia: A Review on the Pollution Intensity and Mitigating Measures”.

Sujata Balan is a Senior Lecturer at the Faculty of Law, University of Malaya. She has been a faculty member since 2006.
Prior to joining academia, she practised law in one of the leading law firms in Kuala Lumpur, where her portfolio included General Litigation, Building Construction and Arbitration. Her teaching experience covers several subject areas including Company Law, Trust Law, Civil Procedure and Professional Practice. She has also taught skills-based courses including Legal Drafting and Advocacy.

This new edition of Malaysian Trust Law provides a detailed, comprehensive and critical exposition of the law of trusts in Malaysia which has seen significant developments in the past two decades. It makes available an up-to-date source of trust law in Malaysia. Extensive references are made to cases both local and foreign, especially from the UK, to explain and analyse the various concepts of trust.

The application of trust principles in various settings including business, family and property provides a good base for the understanding of the principles. Complemented with the analyses and commentary supplied by the authors together with the preliminary considerations of civil procedure and limitation in instituting legal actions in trust, this book is illuminating and practical. The coverage of the role of equity in commercial transactions serves to further enhance the breadth of this book.

Law students studying the law of trusts should have this book as it is current, in-depth and represents the core of the law of trusts. Lawyers will find the book beneficial as it is an invaluable compendium of the law of trusts. This book will also be a useful guide and reference to any person interested in developing an understanding of the Malaysian law of trusts.

Highlights of this book

• Clear explanation of the principles of trust law.
• Consideration of the jurisdiction of civil and Syariah courts in trust litigation between parties who are all Muslims or Muslims and non-Muslims.
• Difference between express private trust and constructive trust.
• Retention monies and trust monies in commercial transactions.
• Application of secret trusts.
• Interface between the law of wills, residuary dispositions and trusts.
• Trust of a life insurance policy.
• Equitable right of a beneficiary under company law.
• Rationale of the presumption of resulting trust in realty and personality.
• New approach remedial constructive trusts in Malaysia.

CONTENTS

1. Introduction
2. Sources of Trust Law in Malaysia
3. Definition and Overview of Trust Concepts
4. Requirements for the Creation of a Trust
5. Completely and Incompletely Constituted Trusts
6. Secret Trusts
7. Discretionary Trusts
8. Protective Trusts
9. Non-Charitable Purpose Trusts
10. Charities
11. Resulting Trusts or Implied Trusts
12. Constructive Trusts
13. Trustees