(English) Trust, Trust Property, Conditional Gift & Land Law (Case Analysis: Hannah Kam Zhen Yi v Tan Sri Dato Kam Woon Wah & Anor) by Azhar Iskandar Hew (Rockwills Malaysia)

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Webinar Title: Trust Property, Trust, Conditional Gift & Land Law
Court Case Analysis: Hannah Kam Zhen Yi v Tan Sri Dato Kam Woon Wah & Anor and another appeal

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Webinar Outline
#01 The Law
  • Where a gift is subject to a condition and the condition is breached, in principle, the gift comes to an end.
#02 Parties
  • Plaintiff v 2 Defendants
  • Property
  • Plaintiff’s Witness
  • Others
  • Relationship between Parties
#03 Overview of the Case
  • The Property Transfer
  • The Court Trial Process
  • Plaintiff’s Main Suits
  • Defendants’ Counterclaims
#04 Chronology of Events
  • 31 May 2017 - 4 April 2018
#05 Plaintiff’s Notice of Application (NOA)
  • Extension of Caveat
  • Defendants’ Opposed to NOA
  • Defendants’ Appeal to Court of Appeal
#06 Issues
1st issue: Can the Donee re-transfer the Property back to Donor ?
  • Cohen v Sellar [1926] 1 KB 536
  • Conditional gift - Breach of condition - Shall Gift be returned ?
  • Court decision
2nd issue: Whether Oral Evidence Admissible in Court?
  • Section 92 Evidence Act 1950: Exclusion of Evidence of Oral Agreement
  • Tan Chong & Sons Motor Co. Sdn Bhd v. Alan McKnight [1983] 1 MLJ 220
  • Court decision
3rd issue: Can the Caveat be extended ?
  • Luggage Distributors (M) Sdn Bhd v. Tan Hor Teng & Anor [1995] 1 MLJ 719
    • 3 stage test
      • Caveatable Interest ?
      • Serious Questions To Be Tried ?
      • Balance of Convenience ?
4th issue: Does Grandfather have caveatable interest against the property ?
  • Whether Grandfather can invoke S326(2) & S323 (1)(a) National Land Code 1965 ?
    • Section 326(2) Removal of Private Caveats by Registrar
    • S. 323(1)(a) Application for Entry of Private Caveats
    • S. 323 (1) (a) - Caveatable Interest
    • Court held
5th issue: Are there serious questions to be tried ?
6th issue: Where does the Balance of Convenience lies in this case ?
- Section 326(2) Removal of Private Caveats by Registrar

#07 Conclusions

#08 Points of Discussion

  • Conditional Gift - What is it? How does it work?
  • What will happen to the asset or property if conditions set out in the will are void and unenforceable?
  • Absolute Gift - What is it? How does it work?
  • Testamentary Trust - What is it? How does it work?
  • Types of Testamentary Trusts
  • Absolute Gift, Conditional Gift and Testamentary Trust - Pros and Cons

Meet our virtual law interns who were involve in R&D.

  • Phase 01 is Wani
  • Phase 02 is Ashley Lim
  • Phase 03 is Ng Wei

The project started Dec 2020 and after 11 months of start-pause-resume-restart mode, finally, we are able to launch Oct 2021. 🥳

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Your Instructor

Azhar Iskandar Hew (Rockwills Malaysia)
Azhar Iskandar Hew (Rockwills Malaysia)

En. Azhar Iskandar Hew is the Deputy Chief Executive Officer of Rockwills Trustee Berhad and holds the Bachelor of Laws (Honours) degree from the University of London. He is a Director of Rockwills Advisory Services Sdn Bhd. He is also a member of the Society of Trust and Estate Practitioners (STEP) and is an Associate Financial Planner (AFP) holder.

He has more than 18 years experience in the estate planning industry as a will & trust specialist, trainer and conference speaker. Over the years he has trained more than 10,000 people primarily from leading financial institutions and life insurance companies as well as financial planners in Malaysia, Hong Kong and Singapore.

He is approved by Securities Industry Development Centre (SIDC) as a facilitator to conduct estate planning training and is an Estate Planning Trainer for Certified Financial Planning (CFP) as well as a facilitator for estate planning courses organised by The Federation of Investment Managers Malaysia (FIMM).

His current scope of work includes advising on legal aspects, compliance and advisory matters regarding Estate Planning and Private Trust services. He was a regular article contributor to Smart Investor and Malaysian Business on the areas of Estate Planning and Private Trust.

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