HALF SECRET TRUSTS

HALF SECRET TRUSTS

1. On the face of the will, just not who beneficiary is

   • 3 Required elements
     • Intention
       • Communication
         • Acceptance
         • Must be communicated either BEFORE or AT SAME TIME as making will
           • BLACKWELL V BLACKWELL or RE BATEMAN
             • OR will result back
         • RE BOYES all terms must be communicated
         • McCORMICK v GROGAN legally binding obligation

2. COMMUNICATION MUST BE PRIOR OR AT TIME OF EXECUTING WILL

   • Will must say communication taken place
     • Not that it will happen in future
       • A sealed envelope with instructions can be left to be opened on death
         • sailing under sealed orders
         • RE KEEN must have been handed over before will