“He wanted the best for all his children… but he did not want all of them to know.”
Act I: The Dying Man’s Last Wish
In the final days of his life, Chin Joo Ngan lay frail and fading under the sterile lights of a hospital ward. A once-proud engineer who had built bridges and lives alike, he now fought the inevitable with the quiet fortitude of a man who had seen much and spoken little.
His personal life, however, was no less complex than the machines he once commanded. Chin had three wives—only the first was lawfully registered—and children from at least two of them. Over time, relationships fractured. The lawful children had grown distant, not speaking to their father in over seven years. Yet from his deathbed, Chin still sought to protect those who remained by his side: the children of his second (unregistered) wife, two of whom were still in school, and one still a minor.
It was six days before Christmas in 2013. Chin summoned his elder brother and nephew from Australia. A lawyer was engaged. A will was drafted and executed. And then, on 24 December, Chin passed away.
Act II: The War Over a Will
Grief quickly gave way to litigation. When Chin’s lawful children learned that his entire estate had been left to his brother and nephew, they cried foul.
“Father was not of sound mind!” they argued. “He was dying, confused, manipulated. How could a dying man disinherit his own children?”
To many, the story seemed suspicious. The will was executed mere days before his death. No doctor had certified Chin’s mental capacity. The lawyer who prepared the will—Peter Huang—had no idea of Chin’s medical state. One son testified that his father didn’t even recognize him on the day the will was signed.
But the defendants—the brother and nephew—stood firm. They were not the true beneficiaries, they claimed. They were merely trustees, holding the estate for Chin’s second wife and her children, in accordance with his private instructions. This, they insisted, was a secret trust—a legal doctrine with roots deep in English equity.
The High Court rejected their defence, declared the will invalid, and ruled that Chin had died intestate. The children of the first wife rejoiced.
But the matter was far from over.
Act III: The Ghost of Equity
The case climbed the judicial ladder to the Federal Court, which ultimately reversed the High Court’s decision in a landmark ruling.
The Federal Court clarified three pivotal legal questions:
-
Is the doctrine of secret trust recognized in Malaysia?
-
Can it be applied in cases involving a testator’s mental capacity?
-
Does it contradict the Wills Act 1959 or public policy?
The court answered all three in the affirmative, holding that secret trusts are indeed recognized under Malaysian law, by virtue of Section 3 of the Civil Law Act 1956 and Article 160 of the Federal Constitution, which together preserve English common law and equity as sources of law.
More importantly, the court ruled that a secret trust operates outside the formalities of the Wills Act, functioning as an inter vivos arrangement—a trust formed between living parties—even though it is implemented after death.
The court acknowledged that the will appeared to benefit the brother and nephew, but accepted their explanation: Chin trusted them to manage his estate for the benefit of the children from his second wife, whom he still considered his moral responsibility. Evidence showed that Chin’s lawful children had long been estranged. The secret trust, therefore, served justice—not subterfuge.
The judgment restored the will’s validity, upheld the existence of the secret trust, and emphasized that courts should not let strict statutory formalities defeat the testator’s true intention, especially when equity demands otherwise.
The Takeaway: Lessons from a Secret Trust
This case is a haunting reminder of the fragile interplay between law, morality, and legacy. Families fracture. Trust can linger in unexpected places. And the law, at its best, should strive to respect the wishes of the dead—provided those wishes are clear and made with a sound mind.
So, what are the legal lessons for clients and practitioners?
1. Testamentary Capacity Must Be Proven
A person making a will must know what they’re doing. Courts will scrutinize their state of mind, especially if illness is involved. Medical certification isn’t mandatory—but it’s advisable, especially in close-call scenarios.
2. Secret Trusts Are Real—and Enforceable
Though not mentioned in the Wills Act 1959, secret trusts are part of Malaysia’s legal landscape through English common law. They must meet three criteria:
-
The testator’s intention to impose a trust;
-
Communication of that intention to the trustee; and
-
The trustee’s acceptance, either expressly or by acquiescence.
3. Suspicious Circumstances Invite Scrutiny
If a will disproportionately benefits someone closely involved in its preparation, courts will be cautious. The burden lies on the propounder to dispel suspicion and prove the testator’s capacity and free will.
4. Equity Will Not Allow a Statute to Be Used as a Cloak for Fraud
Secret trusts protect against deceit. If a trustee agreed to honour a private instruction and later claims ownership under a will, courts may intervene. This doctrine ensures the conscience of the trustee aligns with the deceased’s true intentions.
Final Words
In Chin Jhin Thien, the Federal Court reaffirmed the relevance of equitable principles in Malaysian succession law. But for ordinary Malaysians, it sends a clear message: planning your estate requires not just legal formalities—but thoughtful execution, clear communication, and trustworthy people.
Because when you’re gone, your voice will speak only through the documents you leave behind—and the people you choose to carry your legacy.
Important Notice
This article was written based on the reported case of Chin Jhin Thien & Anor v. Chin Huat Yean @ Chin Chun Yean & Anor [2020] 4 MLRA 324. If there are any inconsistencies, please let us know.
Meanwhile, please do not treat this article as legal or financial advice. Please consult with a lawyer before taking any action based on this article.
We provide paid consultations and other legal services for matters regarding wills and trusts.