Malaysia legislation
Section 46N
Section 46N
Ascertaining wishes of settlor
(2)
Where the settlor is alive, the settlor shall, where possible and practicable, be consulted as to his wishes.
(3)
Where the settlor is dead, or it is not possible or practicable to consult him, his wishes shall be taken to be–
(a)
such wishes as he has most recently communicated to the trustee; or
(b)
where no wishes have been communicated, such as the
Court, or the trustee in good faith, believes most likely to have been his wishes from the evidence available in respect of the wishes.
Limitation of trustee’s duties