Secret Trusts ......

Secret Trusts ...... Secret Trusts ........
Changes are done, please view the flashcard.

Preview Flashcards

Front Back
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 testator's death (Wallgrave v Tebbs)
requirements of 1/2 secret trust
 
intention to impose trust, communication and acceptance of the obligation to trustee, before will signed (Blackwell v Blackwell)
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 ct appts another trustee
Enter Password

  

Upgrade and get a lot more done!
Upgrade