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The will of K included clause 5 which instructed trustees to hold the sum of £10,000 ‘upon trust and disposed of by them among such person, persons or charities as may be notified by me to them or either of them during my lifetime’
Half Secret Trusts (‘ HSTs’) – a trust which appears on the will as a trust but with beneficiaries unnamed. Can only arise in the will. i.e. it must be in writing, signed by testator and attested by two independent witnesses. Secret trusts violate this as not all in writing, signed and attested.
Half Secret Trusts. 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.
14 Αυγ 2019 · A half secret trust occurs where the subject matter is left to the trustee, expressly on trust but there are no details on the face of the will as to the objects of the trust. As such, the trust is in part a secret, in part evident.
Half or semi-secret trust: will refers on its face to the trust’s existence, but does not indicate its terms or the beneficiaries identity e.g. property is left “to Y on the trusts which he knows about”. Enforceable notwithstanding failure to comply with the formal requirements contained in the Wills Act 1837.
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identify and distinguish between the two types of secret trust. understand the theoretical justification for enforcing secret trusts. comprehend the requirements for the creation of fully and half-secret trusts. follow the arguments regarding unresolved issues relating to secret trusts.
