In advising Valerie and Una, the validity of Susan’s will shall first be looked at. It is submitted that Susan’s bequests involve the principles of secret trust which will also be discussed in this submission. Valerie will be advised on two issues: first is the validity of the bequest she is to hold on trust for Richard; second is whether Valerie will be entitled to the gift of £5,000 contained in a later codicil of the will. On the other hand, Una will want to know if she is bound to hold the £7,000 on trust for Susan’s granddaughter.
As wills are public documents, individuals may create secret trusts to leave property as it provides a degree of privacy and flexibility. A secret trust arises when a person gives property to another with the communication of an intention for that person to deal with the property in a specific manner and the trustee accepts such an obligation . Like any other valid express trusts, a secret trust have to fulfil the requirement of three certainties, i.e. the intention of the testator, communication of the intention to the trustee and an acceptance by the trustee to bear such an obligation . Generally, there are two types of secret trust that may arise, i.e. fully secret trusts and half secret trusts. It is essential …show more content…
The requirements of a valid fully secret trust is as laid down in Ottoway v Norman. It is submitted that once again, Susan’s intention is clear as per the facts. Looking at the communication of the obligation to Una, it is submitted that for fully secret trusts, communication can be at any point in time before the testator, i.e. Susan’s death . Referring to the facts provided, it is stated that communication only took place after the execution of the codicil. This would not be a problem as communication can take place any time before Susan’s
As wills are public documents, individuals may create secret trusts to leave property as it provides a degree of privacy and flexibility. A secret trust arises when a person gives property to another with the communication of an intention for that person to deal with the property in a specific manner and the trustee accepts such an obligation . Like any other valid express trusts, a secret trust have to fulfil the requirement of three certainties, i.e. the intention of the testator, communication of the intention to the trustee and an acceptance by the trustee to bear such an obligation . Generally, there are two types of secret trust that may arise, i.e. fully secret trusts and half secret trusts. It is essential …show more content…
The requirements of a valid fully secret trust is as laid down in Ottoway v Norman. It is submitted that once again, Susan’s intention is clear as per the facts. Looking at the communication of the obligation to Una, it is submitted that for fully secret trusts, communication can be at any point in time before the testator, i.e. Susan’s death . Referring to the facts provided, it is stated that communication only took place after the execution of the codicil. This would not be a problem as communication can take place any time before Susan’s