94869
Half secret trust
- There is evidence of the trust in the will, but not the terms
- -there are greater requirement to the intention-.
- Intention, communication and acceptance still apply – Blackwell v Blackwell
- If the half secret trust fails, it automatically goes back to the testator’s estate
- If the half secret trust fails, it automatically goes back to the testator’s estate
- - The timing of communication is more stringent than fully secret trusts: it
must occur before the will is made: see Blackwell, Re Keen, Re Bateman
- Re Keen [1937]: Although envelopes can be good communication,
because of what was said in this will the trust failed regardless.
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