Affidavit Of Trust Template for Malaysia

An Affidavit of Trust is a sworn statement that legally confirms the existence and key details of your trust arrangement. When you need to prove your trust's validity to banks, property registries, or other third parties, this document provides official verification without requiring disclosure of your complete trust deed. The affidavit serves as a bridge between the private nature of your trust and the practical need for third-party verification in various transactions.

When do you need this document?

You'll require an Affidavit of Trust when conducting real estate transactions involving trust-owned property, opening bank accounts in the trust's name, or dealing with financial institutions that require trust verification. Property developers and purchasers often request this document during conveyancing to confirm the trustee's authority to transact on behalf of the trust. Insurance companies may also require an affidavit when processing claims related to trust assets, and government agencies frequently need this verification when trust property is involved in regulatory matters or tax assessments.

Key legal considerations

Your affidavit must include accurate details about all current trustees, their powers, and any limitations on their authority to act on behalf of the trust. You should clearly identify the trust's beneficiaries and their respective interests, though you may summarize rather than provide complete details. The document must reference the original trust instrument's date and confirm its continued validity. Consider including provisions about successor trustees if named in your trust deed, as this information may be crucial for future transactions. Be mindful that making false statements in an affidavit constitutes perjury and carries serious legal consequences under Malaysian law.

Legal requirements in Malaysia

Under the Statutory Declarations Act 1960, your Affidavit of Trust must be sworn before a Commissioner for Oaths, Magistrate, or other authorized officer. The Trustee Act 1949 governs the substantive content, requiring accurate representation of trustee powers and responsibilities. You must ensure the document complies with the Registration of Deeds Act 1960 if the trust involves registered property. The affidavit should reference applicable provisions of the Civil Law Act 1956 where English trust law principles apply. All trustees named in the affidavit should be properly identified with their full legal names and addresses, and any corporate trustees must be identified with their registration details and authorized signatories.