1) For your 1st concern, you need to read the land search/Title to confirm. Freehold/Leasehold is the tenure while restriction-in-interest is another thing you need to concern. The land can be freehold but at the same time can have restriction-in-interest. Restriction-in-interest is known as "sekatan kepentingan".

2) Why do you want to create trust? Normally trust is created for the purpose of holding the property for religion, children or ppl who contemplate they may be bankrupt (normally businessmen who has high volatility in income).

Is the property under Malay owner and you are non-Malay and there is a restriction-in-interest in the property?

Seemed like you may not know the whole picture. Better get the father and son to seek a second opinion from another lawyer.

From your land search. If it's trust, the trustee will be "Pemegang Amanah" in your search.