Malaysia legislation
Section 2
Section 2
Limitations on property disposed of for ancestral worship
(2)
If the disposition takes effect for any period after the death of the grantor or testator, the amount disposed shall not exceed one quarter of the net value of the estate at the time of the death of the grantor or testator.
(3)
Where the trustees under any disposition which takes effect after the death of the grantor have administered the funds for a period in excess of the period allowed by this section, the High Court may, if satisfied that such administration has been done in good faith, exempt the trustees from liability for breach of trust.
4
CAP. 44 (1958 ED.)
(4)
Where in any disposition there is provision for ancestral worship and—
(a)
in addition a provision that part of the funds disposed may be used for the education or charitable relief of the descendants of the grantor or testator, or for some other purpose or purposes; or
(b)
where it is proved to the satisfaction of the High Court that, according to recognized custom, funds set aside for ancestral worship may be used for purposes other than the performance of religious rites, the provision, in so far as it applies to the performance of the religious rites, shall be dealt with in accordance with subsections (1) and (2), and the High Court may, on the application of the trustees, declare that the other purpose or purposes if otherwise lawful shall be deemed to be and shall be administered as a separate trust which is not subject to the limitations imposed by this Ordinance, and may direct what portion of the funds is to be applied thereto:
Provided that in paragraph (b), if no such application be made, this Ordinance shall apply.
(5)
In every case where any disposition is directed otherwise than as aforesaid, the direction shall be void for any period in excess of the said period of twenty-one years and for any sum in excess of one quarter of the net value of the estate.
Power of High Court to vary dispositions