The Affidavit of Death of Trustee is a crucial legal document required in Malaysian trust administration when a trustee passes away. This document serves multiple purposes: it officially records the death of a trustee, provides necessary evidence for trust-related proceedings, and helps facilitate the transition of trust administration to surviving or successor trustees. The affidavit must comply with Malaysian legal requirements, particularly the Trustee Act 1949 and the Statutory Declarations Act 1960. It includes vital information such as the deceased trustee's details, death verification, trust instrument information, and any succession arrangements. This document is typically prepared when there is a need to update trust records, transfer trust assets, or appoint new trustees following the death of a trustee.
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1. Title and Jurisdiction: States the document type and the jurisdiction where the affidavit is being made
2. Affiant Information: Identifies the person making the affidavit, including their full name, occupation, and address
3. Trust Identification: Details of the trust instrument, including date of creation, trust name, and original trustees
4. Deceased Trustee Information: Full details of the deceased trustee, including their full name, last known address, and role in the trust
5. Death Verification: Statement confirming the death of the trustee, including date, place, and circumstances of death
6. Supporting Documentation: Reference to the death certificate and other relevant documents proving the death
7. Impact Statement: Statement regarding the effect of the death on the trust administration
8. Verification: Formal declaration of truth of the statements made
9. Execution Block: Space for signature, date, and commissioner for oaths' attestation
1. Successor Trustee Information: Details of any successor trustee named in the trust instrument, used when there is an automatic succession provision
2. Co-Trustee Statement: Statement regarding any surviving co-trustees, used when there are multiple trustees
3. Trust Asset Statement: Brief description of trust assets requiring immediate attention, used when there are urgent administrative matters
4. Prior Actions: Description of any relevant actions taken since the trustee's death, used when interim arrangements have been made
5. Beneficiary Notification: Statement regarding notification to beneficiaries, used when beneficiaries have been informed
1. Death Certificate: Certified copy of the deceased trustee's death certificate
2. Trust Deed Extract: Relevant extracts from the trust deed showing trustee appointments and succession provisions
3. Identity Documents: Copies of identity documents of the deceased trustee and affiant
4. Supporting Documents: Any additional documents referenced in the affidavit, such as medical reports or funeral documents
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