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

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

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.