Leicester De Montfort Law School

Equity & Trusts

Secret Trusts Lectures – problem question

In 2019 Randall made a will in which he left the following gifts:

a) £50,000 on trust to Serena to carry out my wishes.

b) 10,000 shares in Ibis Limited to Devon absolutely.

c) My freehold property, Soca House, to Amelia and Crystal

jointly.

Prior to making his will, Randall asked Serena to hold the £50,000
on trust for Anthony, Randall’s illegitimate son. Serena agreed. At
the same time, he also told Amelia, but not Crystal, that he wanted
them to hold Soca House on trust for Anthony. Although Amelia
agreed, Crystal has never been informed of the trust.

In 2020 Randall won £10,000 in a competition and executed a

codicil to his will adding that £10,000 to the gift that he left to
Serena in his will.

Randall has now died. A signed letter has been found in Randall’s
desk stating that Devon is to hold the 10,000 shares in Ibis Limited
on trust for Anthony.

Advise Serena, Devon, Amelia and Crystal.