Secret trusts
The enforcement of secret trusts has it roots in equitable doctrines. Here, though, it is not the Will itself that may be the subject of a claim but a particular disposition.
Definition
There are two forms of secret trust, namely:
- •
the fully secret trust, where the named beneficiary has an apparent absolute gift but that in fact, they have agreed with the testator to hold on certain trusts
- •
the half or semi-secret trust, where the beneficiary is a mere trustee and the terms of the trust are not disclosed or fully disclosed in the Will
To these should be added the distinguishable scenario that probably fits between the two where the testator requests the beneficiary to deal with certain property in a manner already communicated or to be communicated to them but without imposing a trust or legal obligation. In such a case the beneficiary will take absolutely.
The fundamentals
The principal elements of a secret trust are:
- •
intention
- •
communication
- •
acquiescence
Silence by the legatee of a secret trust is
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Probate definition
What does Probate mean?
The process of proving (ie establishing the validity of) a Will by the executor. Once the Will has been proved, the court will issue a grant of representation. The Scottish law equivalent is executry.
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