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A secret trust is an equitable obligation communicated to an intended trustee during the testator’s lifetime. The trust will be attached to a gift, or at least what looks like a gift, arising within the testators will. There are two types of secret trust: 1) a fully secret trust; and . 2) a half secret trust.
13 Απρ 2017 · To be enforceable a half-secret trust must be described in the Will as having been communicated to the trustees prior to the execution of the Will or at the same time as the execution. It must also be proven that the trust was communicated to the trustees and that they accepted it.
A half secret trust is where the will states that the secret trustee will hold the property on trust, but does not name the beneficiary nor the terms of the trust. The enforcement of these trusts is controversial as they do not comply with the formalities of the Wills Act 1837.
17 Ιουν 2019 · A fully secret trust arises where a testator leaves money to a beneficiary who, on the face of the will, appears to take absolutely, but who is in fact a trustee for someone else.
A secret or half-secret trust may be useful where a testator wishes to keep the identity of a beneficiary of a testamentary gift outside the text of their Will. Types of secret trusts. There are two kinds of secret trusts: • secret or fully secret trusts • semi-secret or half-secret trusts
Secret Trusts and Half-Secret Trusts Definition. A secret trust is a trust of which there is, prima facie, no evidence of its existence in a testator’s will. The secret trust is probably an example of an express trust although there is debate (both judicial and academic) about whether it might be a constructive trust.
A secret trust or a half secret trust is used to leave gifts without naming the beneficiary. This allows privacy for the beneficiary.
