TRUSTS AND TRUSTEE – CREATION OF TRUST

Woody has a company in which he, his children and four wives have shares. He signed a formal agreement to transfer all of his shares to his three sons (Donald, Bryson, and Alan) out of love and affection. However, Woody did not take any action to effect the transfer of the shares under the formal agreement. Instead, he transferred his shares to his first wife (contrary to the terms of the formal agreement). The first wife later sold his shares to 3^rd parties. Woody passed away shortly.

Q: Can the three sons sue the first wife by claiming that the shares are gift from their father pursuant to the formal agreement??

A: No. The gift is imperfect. This is because there was no action by Woody to effect transfer of the shares to the three sons under the formal agreement. It is merely a comfort agreement to keep peace amongst the families at best.

Q: Before the shares are transferred under the formal agreement, can Woody later change his mind and give it to someone else.

A: Yes. There is no equity to perfect an imperfect gift and the law of trust could not be invoked to effectuate an incomplete gift nor could equity assist a volunteer. If Woody would want to transfer the shares and give them to his sons (as per the formal agreement), he would have done it himself. If he hasn’t, Woody can always change his mind and give it to someone else.

Q: Can the three sons claim that the first wife is a constructive trustee holding the shares for them under the formal agreement?

A: No. There was no consideration in the formal agreement. It is out of love and affection. Even if the formal agreement uses the word “forthwith”, as long as Woody did not effect the transfer to the three sons, there is no trust or constructive trust.

Sorotan Terkini

STRATA MANAGEMENT – MANAGEMENT FEE SHOWDOWN – RESIDENTIAL VS. COMMERCIAL – WHO’S PAYING FOR THE EXTRAS?

In a landmark decision in Aikbee Timbers Sdn Bhd & Anor v Yii Sing Chiu & Anor and another appeal [2024] 1 MLJ 94 , the Court of Appeal clarified the rules on maintenance charges and sinking fund contributions in mixed strata developments. Developers and management corporations can impose different rates based on the distinct purposes of residential and commercial parcels. The judgment emphasizes fairness, ensuring residential owners bear the costs of exclusive facilities like pools and gyms, while commercial owners aren’t subsidizing amenities they don’t use. This ruling highlights the importance of transparency in budgeting and equitable cost-sharing in mixed-use properties.

16 Disember ,2024 Tiada Ulasan

ILELGAL MONEYLENDERS – WHEN LOANS CROSS THE LINE: KEY LESSONS FROM SHIM VUI GEH V DAYANG MASTURAH ON ILLEGAL MONEYLENDING AND PROPERTY SECURITY

Can a simple loan lead to a legal battle over property ownership? This case reveals how improper security arrangements and high-interest rates can turn financial help into a courtroom showdown, highlighting the critical importance of understanding loan agreements and compliance with the law.

16 Disember ,2024 Tiada Ulasan

ILLEGALITY OF UNREGISTERED ESTATE AGENTS’ CLAIM – FINDER’S FEES AND ILLEGALITY: COURT DRAWS THE LINE ON UNREGISTERED ESTATE AGENTS

In a pivotal ruling, the Court of Appeal clarified that finder’s fee agreements are not automatically void under the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. The Court emphasized that illegality must be specifically pleaded and supported by evidence, and isolated transactions do not trigger the Act’s prohibition. This decision highlights the importance of precise pleadings and a clear understanding of the law’s scope.

16 Disember ,2024 Tiada Ulasan

COMPANIES ACT – OPPRESSION – DRAWING THE LINE: FEDERAL COURT DEFINES OPPRESSION VS. CORPORATE HARMS

In a decisive ruling, the Federal Court clarified the boundaries between personal shareholder oppression and corporate harm, overturning the Court of Appeal’s findings. The Court held that claims tied to the wrongful transfer of trademarks belonged to the company, not the individual shareholder, reaffirming that corporate harm must be addressed through a derivative action rather than an oppression claim.

16 Disember ,2024 Tiada Ulasan

COMPANIES LAW – WHEN DIRECTORS BETRAY: COURT CONDEMNS BREACH OF TRUST AND CORPORATE MISCONDUCT

In a stark reminder of the consequences of corporate betrayal, the court found that the directors had systematically dismantled their own company to benefit a competing entity they controlled. By breaching their fiduciary duties, conspiring to harm the business, and unjustly enriching themselves, the defendants were held accountable through significant compensatory and exemplary damages, reaffirming the critical importance of trust and integrity in corporate governance.

16 Disember ,2024 Tiada Ulasan

JURISDICTION – CHOOSING THE RIGHT COURT: THE SEA JUSTICE CASE HIGHLIGHTS WHERE MARITIME DISPUTES SHOULD BE HEARD

In The Sea Justice cases [2024] 2 Lloyd’s Rep 383 and [2024] 2 Lloyd’s Rep 429, the Singapore courts tackled a key question: which country should handle a maritime dispute when incidents span international waters? After examining the location of the collision, existing limitation funds in China, and witness availability, the courts concluded that China was the more appropriate forum. This ruling highlights that courts will often defer to the jurisdiction with the closest ties to the incident, ensuring efficient and fair handling of cross-border maritime disputes. This approach is also relevant in Malaysia, where similar principles apply.

17 November ,2024 Tiada Ulasan

MY

× Hubungi Kami