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Secret Trusts ......

Secret Trusts. . . . . . . .
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Side ASide B
s9 Wills Act 1837
will should be in writing, signed, attested by 2 witnesses
s15 Wills Act 1837
gift to ben or spouse is null (but rest of will valid)
requirements of secret trust
intention to impose trust, communication and acceptance of the obligation to trustee, before...
requirements of 1/2 secret trust
intention to impose trust, communication and acceptance of the obligation to trustee, before...
Blackwell v Blackwell
1/2 secret trust - communication must be before will.
Wallgrave v Tebbs
secret trust - communication must be before death
re Keen
sealed envelope valid communication if know it contains terms of trust
re Young
beneficiary witnesses will - not contravene s15 as outside will
re Gardner
gift to ben who dies - interest arises at point of comm & acceptance
if secret trustee dies
secret - trust fails (as no indication that trustee wasn't to take beneficially), 1/2-secret...


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