Re Snowden
1979 · [1979] Ch 528
Posted By lanbuk.com
- Facts
- An elderly woman, unsure how to divide her estate, left it to her brother, saying he would know what to do. He died six days later, leaving everything to his son.
- Issue
- Was there a for her nephews and nieces?
- Held
- No. Megarry V-C held that she intended at most a moral obligation. The brother took absolutely, and the property passed to his son.
- Principle
- A secret trust needs an intention to impose a binding obligation. A moral obligation is not enough. The standard of proof is the ordinary civil standard unless fraud is alleged.
- Why it matters
- It is a leading case on intention in 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.