secret trust: joint in tenants v tenants in common

KD ><
Mind Map by , created over 6 years ago

Mind Map on secret trust: joint in tenants v tenants in common, created by KD >< on 05/16/2013.

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KD ><
Created by KD >< over 6 years ago
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secret trust: joint in tenants v tenants in common
1 Look at wording of document e.g. equal shares
2 i- Tenants in Common
2.1 Tree v Ferris:
2.1.1 Only those to whom communication is made will be bound
2.2 cannot occur if property is land: s.1 (6) LPA 1925
3 Joint Tenants
3.1 Before the creation of the Will
3.1.1 Russell v Jackson (1852): if one accepted, the rest will be bound
3.2 Communication after trust made:
3.2.1 Moss v Cooper : only those to whom communication is made will be bound
3.3 Re Stead [1900] -
3.3.1 it shouldn’t matter if the testator communicates before or after the will, as long as it is before the testator dies?
3.3.2 Held: it could see no valid distinction between these 2 categories for joint tenancy, but was bound to follow precedent

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