secret trust: joint in tenants v tenants in common

secret trust: joint in tenants v tenants in common

1. Look at wording of document e.g. equal shares

2. i- Tenants in Common

   • Tree v Ferris:
     • Only those to whom communication is made will be bound
   • cannot occur if property is land: s.1 (6) LPA 1925

3. Joint Tenants

   • Before the creation of the Will
     • Russell v Jackson (1852): if one accepted, the rest will be bound
   • Communication after trust made:
     • Moss v Cooper : only those to whom communication is made will be bound
   • Re Stead [1900] -
     • it shouldn’t matter if the testator communicates before or after the will, as long as it is before the testator dies?
     • Held: it could see no valid distinction between these 2 categories for joint tenancy, but was bound to follow precedent