Re Keen
1937 · [1937] Ch 236
Posted By lanbuk.com
- Facts
- A will left money to trustees to dispose of as notified by the testator. He had given them a sealed envelope before signing the will, but the will referred to future notification.
- Issue
- Was the valid?
- Held
- No. The communication was inconsistent with the will, and a half-secret trust cannot be based on communication after the will.
- Principle
- In England, a half-secret trust must be communicated before or at the execution of the will, and consistently with it.
- Why it matters
- It is the main authority for the stricter rule for half-secret trusts.
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.