Blackwell v Blackwell
1929 · [1929] AC 318
Posted By lanbuk.com
- Facts
- A testator left money to five people on to apply it for purposes he had told them, which was to provide for a woman and her son.
- Issue
- Is a valid?
- Held
- Yes. The House of Lords held that half-secret trusts are valid, on the same basis as fully secret ones.
- Principle
- A half-secret trust is valid if the terms are communicated and accepted. Lord Sumner suggested communication must be before or at the time of the will.
- Why it matters
- It established half-secret trusts in English law.
Words and Latin in this note
- Secret trust
- A trust that a legatee under a will has privately agreed to carry out. In a fully secret trust the will shows no trust. In a half-secret trust the will shows a trust but not its terms. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.