B & ORS v. ROCKWILLS TRUSTEE BHD [2023] 7 CLJ 432
HIGH COURT MALAYA, KUALA LUMPUR
ROZ MAWAR ROZAIN JC
[CIVIL CASE NO: WA-24NCvC-4176-12-2022]
24 MAY 2023
Beneficiaries of a trust may lawfully end it if they are sui juris - of full age and of sound mind, that the assets under the trust are absolutely theirs. However, a beneficiary does not have indefeasible interest in the legacy if the deceased had clearly intended for him to only possess it absolutely when he attains a certain age. Thus, before reaching the required age, the beneficiary does not have legal interest to enable an application for early termination of the trust to be considered. In such situation, the principle of Saunders v. Vautier is not applicable.
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