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EQUITY & TRUST: SECRET TRUST - Coggle Diagram

- - - - Before the execution of the will
    - - Communication must be made before the execution of the will. Evidence will not be admissible of communication inconsistent with the face of the will.
      - Important consideration is the time of the communication of the objects to the trustee. Communication to trustee before of at the time of execution. Trustee accepts the trusteeship - he is bound to effect the trust
      - Communication to the trustee after the execution of the will
        English decisions deny that there had been a valid communication and acceptance of half secret trust.
        If communication took place after the will, X the trustee will hold the property for the testator’s estate : objects have not been effectively specified. Cannot allow testator to create a valid trust through a valid will but bypass the Wills Act
    - - Before the execution of the will
- - - - Need to illustrate sufficient certainty of intention.
      - Need to show that the testator intended to subject the secret trustee (primary donee)
        to a mandatory obligation to hold property for the benefit of secret beneficiary (secondary donee).
      - Case : Re Snowden [1979] 2 All ER 172
    - - Communication of both fact of the trust and the terms of the trust.
        Communication of the extent of trust.
        Communication must be made before the death of the testator.
        Communication to joint trustee.
    - - Intended trustee accepted that he would hold it on trust.