Trusts can be classified into express trusts, private trusts, secret trusts, and half secret trusts. Secret trusts are trusts where the terms are not disclosed to beneficiaries in the settlor's will. Half secret trusts involve communication of the trust terms either before or after execution of the will, as long as the terms do not contradict the will. Case law examples are provided regarding fully secret trusts, half secret trusts, and how secret trusts are treated if the secret trustee dies.
Trusts can be classified into express trusts, private trusts, secret trusts, and half secret trusts. Secret trusts are trusts where the terms are not disclosed to beneficiaries in the settlor's will. Half secret trusts involve communication of the trust terms either before or after execution of the will, as long as the terms do not contradict the will. Case law examples are provided regarding fully secret trusts, half secret trusts, and how secret trusts are treated if the secret trustee dies.
Trusts can be classified into express trusts, private trusts, secret trusts, and half secret trusts. Secret trusts are trusts where the terms are not disclosed to beneficiaries in the settlor's will. Half secret trusts involve communication of the trust terms either before or after execution of the will, as long as the terms do not contradict the will. Case law examples are provided regarding fully secret trusts, half secret trusts, and how secret trusts are treated if the secret trustee dies.
• Brown v Pourau [1995] 1 NZLR 352 • Ottaway v Norman [1971] 3 All ER 1325 • In Re Keen. Evershed v Griffiths [1937] Ch. 236 • Wallgrave v Tebbs (1855) 20 JP 84 HALF SECRET TRUSTS
• Communication to t before / at time of execution of the will
• Blackwell v Blackwell [1929] All ER Rep 71
• Communication to t after execution of the will
• In Re Keen. Evershed v Griffiths [1937] Ch. 23 • Johnson v Ball (1851) 5 De G & Sm 85
• Communication and terms of secret t ought not contradict the
will • In Re Keen. Evershed v Griffiths [1937] Ch. 23 DEATH OF SECRET TRUSTEE
• In Re Maddock. Llewelyn v Washington [1902] 2 Ch 220