Secret trusts in English law

Secret trusts in English law

Jesse Russell Ronald Cohn

     

бумажная книга



ISBN: 978-5-5106-6597-0

High Quality Content by WIKIPEDIA articles! Secret trusts in English law are a class of trust defined as an unofficial arrangement between a testator and a trustee, made to come into force after death, that aims to benefit a person without having been written in a will. Normally, the property would be given to the trustee in the will, and he would then be expected to pass it on to the real beneficiary. There are two types of secret trust — fully secret and half-secret — with different rules for each. A fully secret trust is one with no mention in the will whatsoever. For these to be valid, the person seeking to enforce the trust must prove that the testator intended to form a trust, that this intention was communicated to the trustee, and that the trustee accepted his office. Similar provisions are required for a half-secret trust, which is where there is a mention of the trust in the testator`s will, but not of the trust`s terms.