Revocation of Deed of Trust

Revocation of deed of trust can happened in two ways, expressly or through deed of revocation.
Express revocation is when the trustee expressly states that he/she does not want to be the trustee.
Deed of revocation means making a deed to revoke the trust. Two cases I would like to highlight is
that firstly TM Feroze Khan & Ors v Meera Hussain bin TM Mohamed Mydin [2006] 3 SHLR 64 where
in this case the trust deed had been registered with the Land Registry. There was clear intention by
the deceased and the requirements to register with the under the NLC has been complied. There
were no arguments from either party as to the trust deed when the deceased was alive. The
deceased did not reserve any revocation in the trust deed meaning the trust deed could have been
revoked by the parties. Therefore, the trust deed is valid. Another case I would like to highlight is
Exotic Skyline Sdn Bhd v Hamid bin Naib & Ors and another appeal [2018] MLJU 506 where the
parties had made a SPA. However, they had mutually agreed to rescind the SPA through deed of
revocation and deed of settlement. The issue here was that whether the deed of settlement is valid.
The deed of revocation was made on May 2004 but six months later, the deed of settlement was
enforced, without mentioning anything about the deed of revocation. The person authorising the
deed of revocation and deed of settlement were the same person. There was clear evidence by the
court that the person authorising the deed of settlement for the plaintiff had no authority to do so
and neither does the plaintiff’s board of directors made effort to ratify the deed of settlement. The
SPA had been revoked due to deed of revocation however the deed of settlement cannot be
enforced due to the lack of authority from the person authorising it.

https://advance.lexis.com/document/searchwithindocument/?pdmfid=1522468&crid=9a565b75-
0ee1-44d6-8333-
6cd5654451fc&pdsearchwithinterm=revocation+deed&pdworkfolderlocatorid=NOT_SAVED_IN_W
ORKFOLDER&ecomp=45k3k&prid=8a2ef01b-5831-4801-8e1b-094cb4f2e2c6 (Feroze Khan)

https://advance.lexis.com/document/searchwithindocument/?pdmfid=1522468&crid=08e20c24-
9740-40b7-94f0-
04622b6610f2&pdsearchwithinterm=revocation+deed&pdworkfolderlocatorid=NOT_SAVED_IN_
WORKFOLDER&ecomp=45k3k&prid=4a9ed964-f624-41f8-a51e-aad220c4f32a (Exotic Skyline)