Malaysia legislation
Section 11D
Section 11D
(2)
The terms of a purpose trust may give the trustee or any other person power to resolve any uncertainty as to its objects or mode of execution.
(3)
If a purpose trust has more than one object and the trust instrument does not allocate the trust property among them, then if and so far as a contrary intention is not expressed in the trust
26 Laws of Malaysia ACT 554
instrument, and subject to the terms of that instrument, the trustees of the trust have power in their absolute discretion to allocate capital and income among the different purposes of the trust.
(4)
If any uncertainty as to objects or mode of execution of a purpose trust or as to the allocation of trust property among its objects cannot be resolved, or has not been resolved pursuant to the terms of the trust, the Court—
(a)
may resolve the uncertainty—
(i)
by reforming the trust;
(ii)
by settling a plan for its administration; or
(iii)
in any other way which the Court considers appropriate; or
(b)
in so far as the objects of the trust are uncertain and the general intent of the trust cannot be found from the admissible evidence as a matter of probability, may declare the trust void.
Spendthrift or protective trust