Half-secret trusts,mutual wills,secret trusts, family trust, certainty of intentiona and certainty of object Free Essay, Term Paper and Book Report
Half-secret Trusts, Mutual Wills, Secret Trusts
The doctrines of secret trusts and mutual wills both see equity riding to the rescue to forestall justice, but in both cases untidy situations are left behind. Explain.
ll's Equity 29th Edn at p108 states the fully secret trust principle thus:
"If a testator makes a gift of property to T without saying that he is to hold it on trust, and either before or after making his will tells T that he wishes him to hold the property on trust for P, T will be compelled to carry out the trust if T either expressly promises that he will do so or by silence implies it."
In essence a secret trust takes free of the requirements of section 9 of the Wills Act 1837. The purpose of the section is of course to prevent fraud. A testator may want to avoid the formality requirements, for example, because he wishes the identity of the beneficiary to remain secret. The rationale behind allowing the doctrine is to prevent the trustee that the property has been bequeathed to committing a fraud by keeping the property or dealing with it in matter that is not ......
Word Count: 5023
Page Count: 20 (250 words a page / double spaced)
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