Trustee Appointment (Malaysia)
Deed of Appointment of Trustee under Section 40 of the Trustee Act 1949 (Act 208)
Deed of Appointment of Trustee
DEED OF APPOINTMENT OF TRUSTEE This Deed of Appointment of Trustee is made on [Appointment Date] pursuant to Section 40 of the Trustee Act 1949 (Act 208) of Malaysia.
Parties
PARTIES 1. [Appointor Name] (MyKad No. [Appointor Ic]), acting in the capacity of [Appointor Capacity] (the "Appointor"); 2. [Continuing Trustee Name], as Continuing Trustee (if any); 3. [Outgoing Trustee Name] (MyKad No. [Outgoing Trustee Ic]), as Outgoing Trustee (if applicable); 4. [New Trustee Name] (MyKad / Company Registration No. [New Trustee Ic]), of [New Trustee Address], as the New Trustee.
Recitals
RECITALS A. By a trust deed dated [Trust Deed Date] (the "Trust Deed"), the trust known as [Trust Name] (the "Trust") was established. The trust fund comprises: [Trust Description]. B. The ground for this new appointment of trustee is: [Ground For Appointment], as permitted under Section 40 of the Trustee Act 1949. C. The Appointor, [Appointor Name], holds the power to appoint new trustees by virtue of their capacity as [Appointor Capacity].
Appointment
APPOINTMENT NOW THIS DEED WITNESSES as follows: 1. In exercise of the power of appointment conferred by Section 40 of the Trustee Act 1949 and any power contained in the Trust Deed, the Appointor hereby appoints [New Trustee Name] (MyKad / Company Registration No. [New Trustee Ic]) as a trustee of the Trust with effect from the date of this Deed. 2. [New Trustee Name] hereby accepts the appointment as trustee of [Trust Name] and agrees to be bound by all the terms and conditions of the Trust Deed as if they had been an original party thereto.
Vesting of Trust Assets
VESTING OF TRUST ASSETS 3. By virtue of Section 43 of the Trustee Act 1949, all trust property comprised in the Trust is hereby vested in the New Trustee and the Continuing Trustee (if any) jointly as trustees of the Trust, without the need for any separate conveyance or transfer of each individual asset. 4. Real property registered under the National Land Code 1965 held in trust: [Has Real Property]. Property details: [Property Details]. Where the trust assets include real property registered under the National Land Code 1965 (Act 56), the parties shall take all necessary steps to register the change of trustee at the relevant state Land Registry by filing the appropriate application and this Deed.
Outgoing Trustee's Discharge
OUTGOING TRUSTEE'S DISCHARGE (IF APPLICABLE) 5. With effect from the date of this Deed, the Outgoing Trustee — [Outgoing Trustee Name] — is hereby released and discharged from all future obligations, liabilities, and duties arising under the Trust, save that this discharge shall not affect any liability of the Outgoing Trustee in respect of any breach of trust committed prior to the date of this Deed. 6. The Continuing Trustee and the New Trustee shall not be responsible for any acts, defaults, or omissions of the Outgoing Trustee prior to the date of this Deed.
Governing Law
GOVERNING LAW 7. This Deed is governed by and construed in accordance with the laws of Malaysia, including the Trustee Act 1949 (Act 208), the Contracts Act 1950 (Act 136), and the National Land Code 1965 (Act 56) where applicable. 8. The High Court of Malaya shall have exclusive jurisdiction over any dispute arising from or in connection with this Deed.
Execution
EXECUTION IN WITNESS WHEREOF the parties have executed this Deed on [Appointment Date]. Signed by the Appointor: ___________________________ [Appointor Name] Signed by the New Trustee: ___________________________ [New Trustee Name] Signed by the Outgoing Trustee (if applicable): ___________________________ [Outgoing Trustee Name] Witness: ___________________________ Name: ______________________ MyKad No.: _________________ Address: ___________________
Appointor
________________
Signature
New Trustee
________________
Signature
Outgoing Trustee
________________
Signature
Witness
________________
Signature
What Is a Trustee Appointment (Malaysia)?
A Trustee Appointment in Malaysia establishes a trust and names the trustee, beneficiaries, and terms on which assets are held.
The power to appoint new trustees under Section 40 of the Trustee Act 1949 may be exercised in specific circumstances: where a trustee is dead; where a trustee remains outside Malaysia for more than 12 months; where a trustee desires to be discharged; where a trustee refuses to act; or where a trustee is incapable of acting (including by reason of mental incapacity). The court also has power under Section 45 of the Trustee Act 1949 to appoint a trustee where it is expedient to do so and it is difficult or impracticable to appoint a trustee without the court's intervention.
Amanah Raya Berhad (ARB), established under the Amanah Raya Berhad Act 1995, is frequently appointed as a replacement trustee or as an additional trustee to join with individual trustees. ARB's appointment as trustee provides continuity, professional management, and regulatory accountability under the Public Trust Corporation Act 1995, and eliminates the need for further trustee appointments when individual trustees die or retire.
Upon appointment, a new trustee must accept the trusteeship and the trust assets vest in the new trustee jointly with the continuing trustees by virtue of the Deed of Appointment, without the need for a separate conveyance of each asset. Section 43 of the Trustee Act 1949 provides that the trust property shall vest in the trustees as joint owners. For real property under the National Land Code 1965, the Deed of Appointment must be registered at the relevant state Land Registry to complete the vesting.
The legal framework governing the Trustee Appointment (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Trustee Appointment (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Wills Act 1959 (Act 346) sets the foundational requirements.
When Do You Need a Trustee Appointment (Malaysia)?
A Trustee Appointment deed is needed whenever a trust in Malaysia requires a new trustee due to the death, retirement, incapacity, or removal of an existing trustee, or when an additional trustee is needed.
A Trustee Appointment is needed when one of the individual trustees of an existing trust in Malaysia dies. Without a replacement trustee, the surviving trustees (if any) may continue the trust, but a sole surviving trustee — unless incorporated — cannot give a valid receipt for capital monies arising from the sale of real property without a co-trustee under Section 4 of the Trustee Act 1949.
A Trustee Appointment is required when an individual trustee wishes to retire from the trusteeship — for example, due to advanced age, illness, relocation outside Malaysia, or a conflict of interest — and wants to be replaced by another individual or by a professional trustee such as Amanah Raya Berhad.
A Trustee Appointment is needed when the settlor of a family trust wishes to add Amanah Raya Berhad as an additional trustee alongside the existing individual trustees to provide professional oversight, continuity, and regulatory accountability under the Public Trust Corporation Act 1995.
A Trustee Appointment is required when a trust's original trustee has been removed by the court under Section 46 of the Trustee Act 1949 for breach of trust, conflict of interest, or misappropriation of trust assets, and a substitute trustee must be appointed to continue the administration of the trust.
A Trustee Appointment is needed when a discretionary family trust has been operating for several years and the original individual trustees need to be replaced with new trustees as part of a planned succession arrangement, confirming continuity of trust administration for the benefit of the beneficiary class.
What to Include in Your Trustee Appointment (Malaysia)
A valid Deed of Appointment of Trustee in Malaysia must contain the following essential elements under the Trustee Act 1949.
Recital of Existing Trust: The deed must identify the existing trust by reference to the original trust deed — stating the date of the trust, the names of the original trustees, and a brief description of the trust fund and its beneficiaries. This establishes the legal context for the new appointment.
Ground for Appointment: The deed must state the ground for the new appointment under Section 40 of the Trustee Act 1949 — for example, the death of a trustee, a trustee's desire to be discharged, or a trustee's incapacity — as the power of appointment is only exercisable on the prescribed grounds.
Appointors' Details: The deed must identify the persons exercising the power of appointment — the person named in the trust deed as appointor, or the surviving trustees exercising the power under Section 40 of the Trustee Act 1949.
New Trustee's Details: The full legal name, MyKad number or company registration number (for corporate trustees such as Amanah Raya Berhad), and address of the newly appointed trustee.
Trustee's Acceptance: The new trustee must execute the deed to signify acceptance of the trusteeship. An unaccepted appointment has no legal effect. Amanah Raya Berhad accepts appointment by execution under its common seal.
Vesting of Trust Assets: The deed should include a vesting declaration by which the trust assets are declared to vest in the continuing trustees and the new trustee jointly, taking effect by virtue of Section 43 of the Trustee Act 1949. For real property, registration at the Land Registry under the National Land Code 1965 is required to complete the vesting.
Retiring Trustee's Discharge: If a trustee is retiring simultaneously with the new trustee's appointment, the deed should include a release of the retiring trustee from future liability arising from the trust, except for breaches committed before retirement.
Additional compliance elements for a Trustee Appointment (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Trustee Appointment (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/estate-planning/trusts/trustee-appointment-malaysia
"Trustee Appointment (Malaysia) (Malaysia)." Forms Legal, 2026, https://forms-legal.com/malaysia/estate-planning/trusts/trustee-appointment-malaysia.
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title = {Trustee Appointment (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/estate-planning/trusts/trustee-appointment-malaysia}},
note = {Free legal document template. Based on Wills Act 1959 (Act 346)}
}Frequently Asked Questions
Under Section 32 of the Trustee Act 1949 (Act 208), a trust of land in Malaysia may have a maximum of four trustees. For trusts of personal property (such as unit trust investments, shares, and bank accounts), there is no statutory maximum number of trustees, but four is the conventional maximum in practice. A trust must have at least one trustee at all times — a trust without a trustee does not fail; the court will appoint a trustee under Section 45 of the Trustee Act 1949. For real property trusts, a minimum of two trustees (or a trust corporation such as Amanah Raya Berhad) is required to give a valid receipt for capital money on the sale of the property under Section 4 of the Trustee Act 1949 — a sole individual trustee cannot alone give such a receipt, which can complicate property sales from trusts.
Yes. In most circumstances, a new trustee can be appointed without a court order in Malaysia. Section 40 of the Trustee Act 1949 (Act 208) provides that the person named in the trust deed as having the power to appoint — or, in the absence of such a person, the surviving or continuing trustees — may appoint a new trustee by deed in prescribed circumstances (death of a trustee, desire to be discharged, refusal to act, incapacity, or absence from Malaysia for more than 12 months). The appointment is effected by executing a Deed of Appointment of Trustee, which does not require court approval. A court order is only required under Section 45 of the Trustee Act 1949 where it is difficult or impracticable to appoint a trustee using the statutory power — for example, where there are no surviving trustees, where the appointor is dead, or where there is a dispute about who should be appointed.
A Deed of Appointment of Trustee over a trust of personal property — such as unit trust investments, bank accounts, and shares — does not require registration with any government authority in Malaysia. The deed takes effect upon execution and acceptance by the new trustee. However, where the trust assets include real property registered under the National Land Code 1965 (Act 56), the change of trustee must be registered at the relevant state Land Registry. The Deed of Appointment serves as the instrument triggering the land registration application, and the Land Registry will update the register to reflect the new trustee as the registered proprietor holding in trust. Stamp duty under the Stamp Act 1949 may be assessed on the Deed of Appointment depending on its nature. For corporate trustees such as Amanah Raya Berhad, the appointment does not need to be filed with the Companies Commission of Malaysia (SSM).
A Trustee Appointment (Malaysia) does not legally require a lawyer in Malaysia, and individuals and businesses may draft and execute the document independently. The Wills Act 1959 (Act 346) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Malaysia lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Malaysia has jurisdiction over disputes arising from this type of document, and Companies Commission of Malaysia (SSM) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Trustee Appointment (Malaysia) does not legally require a lawyer in Malaysia, though legal advice is recommended. Under Malaysian law, the Contracts Act 1950 (Act 136) governs agreements. The Companies Commission of Malaysia (SSM) regulates corporate documents under the Companies Act 2016 (Act 777). The Employment Act 1955 and Industrial Court handle employment disputes. The Personal Data Protection Act 2010 (Act 709) imposes data protection obligations. Forms-legal.com provides this template as a starting point — always review with a qualified Malaysian lawyer for significant transactions. Under Malaysia law, Wills Act 1959 (Act 346), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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