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Mind map

SECRET TRUSTS

costafortune Equity and Trusts Degree English

Mind map on secret trusts: required elements, result back if trustees refuse, co-owner problems and death of beneficiary

Mind map: secret trusts

Map content

SECRET TRUSTS

  1. 3 required elements

    • Intention
      • Communication
        • Acceptance
          • Either expressly or by acquiescence OTTOWAY V NORMAN
        • WALLGRAVE V TEBBS Effective terms must be communicated, within testators lifetime
        • If terms not communicated will be a resulting trust RE BOYES
        • Communication must be of a legally binding obligation not just a moral obligation. McCORMICK V GROGAN
      • Must show intention or trustee will take absolutely
  2. If trustees won't take on secret trust will result back

    • Once trust established if add extra property or beneficiaries
      • RE COLIN COOPER
        • Must be communicated to and accepted by trustees
  3. Problems with co-owners

    • Tenants in Common
      • Joint Tenants
        • RUSSELL V JACKSON survivorship if not told at all, take absolutely
          • If 1 JT told prior to execution of will, ALL JT's will be bound
            • If told after execution, will only be bound if accept
      • RE STEAD If only 1 trustee informed, then only 1 is bound. Must be informed in testators lifetime
  4. Death of Beneficiary

    • Trust operates outside of a will so property will pass to deceased beneficiaries next of kin
    • RE GARDNER

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Degree Equity and Trusts Mind Map on SECRET TRUSTS, created by costafortune on 01/05/2013.
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