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Equity - Secret Trusts Link Title (Reasons for using secret trusts (will…

- - - - existence- wallgrave v tebbs
      - terms -if trust is communicated but not the temrs then the property is held on resulting truste for the deceased's estate
      - Re Boyes (1884)
        
        property was left to the testator's solicitor, who had agreed to hold the property on the terms he would receive. Testator did not give intructions to solicitor of how it should be held. Details of the intended trust were found after the testator's death. CofA held: resulting trust for improper communication
      - Property subject to the trust - Re Colin Cooper [1939] Testator left 5,000 to 2 people and communicated the terms of trust to them. BY a later codicil, he increased the sum to 10,000. The addiiton was not communicated to the intended Ts. Held: first 5,000 was subject to the trusts, the other 5,000 was held on a resulting trust. This was a 1/2 secret trust case nut this also applies to FST
      - Method- oral or in writing. In terms of land - if the temrs are given to the intended trustee during the testator's lifetime, enclosed in a sealed envelope to be opened after the testator died. It was considered in Re Keen [1937] that this would suffice provided the trustee is aware that the envelope contains the terms of the trust and he accepts on that basis
    - - Reliance on accetance may be demonstrated if the gift is made in reliance on acceptance or acquiesence of ST. Alternatively, settlor may leave will unrevoked (Moss v Cooper) or refrain from making will (Sickland v Aldridge (1804) ) where there was a failure to make a will on the strngth of an undertaking of the deceased's next of kin
- - - - criticism- B benefits from a testamentary disposition since the testator is free to changer their mind until their death. Property forms part of the testator's estate available for payment of debts and taxes and tp satisfy claims under Inheritance (Provision for Family & Dependants) Act 1975