Secret Trusts

kazzasingh's version from 2018-04-24 08:36


Question Answer
Ottaway v Norman (1972)To set up a fully secret trust, there must be (1) evidence (2) the evidence and full details of the trust must be communicated to the intended trustee before the testator dies and (3) the intended trustee must have agreed by acceptance or acquiescence.
Blackwell v Blackwell (1929) Communication must be made to the trustee of a half-secret trust before or at the same time as making the will. If you try to create a fully secret trust and you fail, then whoever you named in the will just takes the property themselves. If you had a half-secret trust and it failed, it would have to go back on a resulting trust.