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Imperatives
Onerous : He must act exclusively in
the interest of the trust
Many of these powers and duties are
described in the trust instrument.
It also depends upon the ctc in which
trust arises.
12/09/2017 Equity & Trust II (Dr. Zuraidah Ali) 3
Position in Malaysia
Three ways
1) Under an express power in the trust
instrument
2) Statutory power
3) Courts Inherent jurisdiction.
i) Section 40 (1)
If trustee remains out of Malaysia for
more than 12 months or refuses to act
or is unfit or incapable to act or is a
minor he can be removed and replace
by one or more trustee
1) Remuneration
Fundamental principle : cannot expect
remuneration except;
Provided by the trust instrument
Authorised by the court
Authorised by legislation S 46