MAZNAH BINTI IBRAHIM 1. ) HELMI BIN RASHID 2. ) HALIMAH BINTI ABU SAMAH

MAZNAH BINTI IBRAHIM 1. ) HELMI BIN RASHID 2. ) HALIMAH BINTI ABU SAMAH

The applicant failed to prove the required elements of a binding trust (certainty of intention, subject matter and objects) by clear and convincing evidence; the alleged trust instrument was unregistered, supported mainly by self‑serving evidence and only produced after the registered owner's death, therefore the claim is dismissed and there is no legal basis to appoint the applicant as trustee or to set aside the probate petition or private caveat.

Citation
JA-24NCvC-953-07/2025 (Mahkamah Tinggi)
Parties
Applicant: Maznah binti Ibrahim; Respondent 1: Helmi bin Rashid; Respondent 2: Halimah binti Abu Samah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 January 2026
Case Number
JA-24NCvC-953-07/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Litigation – Trust Claim Over Registered Land / High Court Judgment
Outcome
Claim dismissed in its entirety
Legal Topics
Existence and Enforceability of Trust Over Registered Land, Appointment of Trustee Under Trustees Act 1949, Effect of Land Registration (kanun Tanah Negara 1965), Private Caveat, Burden of Proof
Source Language
Malay/English
Trusts Land Law Probate Civil Procedure Evidence Existence and Enforceability of Trust Over Registered Land Appointment of Trustee Under Trustees Act 1949 Effect of Land Registration (kanun Tanah Negara 1965) +2 more

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Parties

Maznah binti Ibrahim

Applicant

Helmi bin Rashid

Respondent 1

Halimah binti Abu Samah

Respondent 2

Procedural Posture

Civil Litigation – Trust Claim Over Registered Land / High Court Judgment

Legal Issues

  1. 1 Whether the trust instrument dated 10.3.2003 created a valid and enforceable trust over registered land
  2. 2 Whether the applicant is entitled to be appointed as the new trustee under the Trustees Act 1949
  3. 3 Whether the probate petition and private caveat filed by respondents should be set aside

Ratio Decidendi

The applicant failed to prove the required elements of a binding trust (certainty of intention, subject matter and objects) by clear and convincing evidence; the alleged trust instrument was unregistered, supported mainly by self‑serving evidence and only produced after the registered owner's death, therefore the claim is dismissed and there is no legal basis to appoint the applicant as trustee or to set aside the probate petition or private caveat.

Court Disposition

Claim dismissed in its entirety

Orders

  • Saman Pemula dismissed
  • Costs of RM5,000.00 awarded to respondents