The Law of Trusts

Term Paper # 92863

Law

The Law of Trusts

An overview of the British laws pertaining to secret trusts and half secret trusts.

2,167 words () | 16 sources | APA | 2007 United Kingdom

Paper Summary:

A critical analysis of the law of trusts relating to secret trusts in "Blackwell v. Blackwell" and the necessary formalities of intention, communication and acceptance and those requisites evident in the Law of Property Act [1929].

From the Paper:

"Secret trusts are problematic because in order to prove existence of the trust, evidence that is not in the form, as required by s. 9 Wills Act [1937] must be admitted, but as these cannot be altered, they are clearly inconsistent with the Wills Act [1937]. Secret trusts directly conflict s.9 because a testator is able to make a testamentary disposition without encountering the required formalities at all. In fact, the testator can dispose of the property on death orally by informing the secret trustees. In avoidance of publicity of the will, testators fail to comply with the necessary requisite formalities that are stipulated in s. 9 of the Wills Act [1837].
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Sample of Sources Used:

Mee. J. Half-Secret Trusts in England and Ireland. The Conveyancer. 1992.
Holdsworth. W.S. Secret Trusts. Law Quarterly Review. 53. 1937. 501
Critchley. P. Instruments of Fraud, Testamentary Dispositions, and the Doctrine of Secret Trusts. Law Quarterly Review. 115. 1999.
Meager. R. Secret Trusts-Do They Have A Future? The Conveyancer. 2003.
Perrins. B. Secret Trusts: The Key To The Dehors? The Conveyancer. 1985.