24 Feb 2020
1. CHIN JHIN THIEN (NO. K/P : 820727-07-5171) 2. CHIN JUNE SONG (NO/ K/P : 790524-07-5054) 1. CHIN HUAT YEAN @ CHIN CHUN YEAN (NO. K/P : 440107-02-5435) 2. CHIN JHIN KHIM (NO. K/P : 700216-07-5421)
- Citation
- 02(f)-29-04/2019(P) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-29-04/2019(P) (Mahkamah Persekutuan)
Secret trusts are part of the law of trusts and enforceable in Malaysia under the statutory reception of English common law and equity; on the facts the defendants established a prima facie case of testamentary capacity and the existence of a secret trust for the benefit of the deceased’s second wife and children, so the will was valid and the Court of Appeal’s allowance of the appeal was correctly affirmed; the Federal Court dismissed the appeal with costs.