Equity And Trust in Malaysia, 2nd Edition

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Equity And Trust in Malaysia, 2nd Edition

Author Mohsin Hingun, Wan Azlan Ahmad
Publication Date Nov 2013
ISBN 9789670498669
Publisher Sweet & Maxwell


This main local work on trust law is a great reference for Malaysian law on equity and trusts. It clarifies the concepts of trusts, trusteeship, and remedies. It describes the broad principles of contemporary law and, if necessary, provides a critical examination of the law's stance.

KEY FEATURES of Equity And Trust in Malaysia

  • The text is written in a concise, straightforward, and easy-to-read format.
  • Apart from local instances, judgements from the United Kingdom, Australia, Canada, and New Zealand have been often mentioned and quoted.
  • An in-depth look at the evolution of case law
  • Provides a critical study of the current state of the law and, when appropriate, recommends a path ahead for Malaysian law, taking into account policy issues that may influence such a path.


  • Constructive trust with a same goal
  • The use of constructive trust in regard to property purchased with money obtained via corruption The components that constitute dishonesty in the context of dishonest assistance
  • The question of whether a trust established to alter the legislation may be considered a legitimate charity
  • The legality of exclusion provisions added to safeguard trustees
  • The constructive trustees' obligation to account
  • Relevance and fairness principles in the use of trustee discretion

TABLE OF CONTENTS of Equity And Trust in Malaysia

Part A: Trusts

  • Introduction to Trusts and Equity
  • Express Private Trusts
  • Constitution of Express Trusts
  • Constructive Trusts
  • Resulting Trusts
  • Charitable Trusts
  • Non-Charitable Purpose Trusts
  • Jual Janji, Estoppel and Assignment
  • Secret Trusts

Part B: Trusteeship

  • Appointment, Retirement, Removal of Trustees and Fiduciary Nature of Trusteeship
  • Duties and Powers of Trustees

Part C: Remedies

  • Specific Performance
  • Injunctions
  • Anton Piller Orders, Rectification and Rescission
  • Breach of Trust and Compensation in Equity

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