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Private Client—Wills, secret trusts and proprietary estoppel (Titcombe v Ison)

Private Client—Wills, secret trusts and proprietary estoppel (Titcombe v Ison)
Published on: 21 April 2021
Published by: LexisPSL
  • Private Client—Wills, secret trusts and proprietary estoppel (Titcombe v Ison)
  • What are the practical implications of this case?
  • What was the background?
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Article summary

Private Client analysis: The court rejected a claim brought by a disappointed family member of a deceased relative that the said relative had intended to create a secret trust in respect of valuable jewellery that formed part of the deceased’s estate. Similarly, the court rejected the contention that the sole beneficiary of the Will (a non-family member) was estopped from denying the family member’s right to the jewellery. The decision contains a useful summary of the elements necessary to establish a secret trust; discussion of the burden of proof; and a reminder of how important it is to plead a case with particularity when making such allegations. Written by Christopher Snell, barrister, at New Square Chambers. or take a trial to read the full analysis.

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