Ottaway v Norman
1972 · [1972] Ch 698
Posted By lanbuk.com
- Facts
- Harry Ottaway left his bungalow to his housekeeper and companion, Miss Hodges, on the understanding that she would leave it to his son William. She left it to others.
- Issue
- Was there a for William?
- Held
- Yes. Brightman J held that intention, communication and acceptance were proved, so the bound the property.
- Principle
- A fully secret trust needs intention, communication and acceptance.
- Why it matters
- It is the leading statement of the requirements.
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.
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