Secret trust

FULL AND HALF SECRET TRUST

1. 1 st element : Intention to subject the trustee to an obligation

2. 2 nd element : Communication of the intention of the settlor of trustee

3. 3 rd element : Acquiescene /that the trustee accepted his obligations

4. Communication and acceptance in a full can happen at any time before death; in half, before or at time of execution of the will Full, it doesn’t matter if the will contradicts the trust; half, no contradiction Under s15 Wills Act 1837, a beneficiary or their spouse who witnesses a will loses the interest. In full and half, trustees appears to be beneficiaries - but it doesn’t matter if he witnesses the will If the trustee dies first – the full will probably fail Re Maddock 1902 In a half, the trust is set up by the will – equity won’t allow it to fail for want of a trustee Differences between full and half:

5. WHY ?