Secret Trusts - Common Issues and Problems

4 important questions on Secret Trusts - Common Issues and Problems

Common Issues That are Shared by Fully and Half Secret Trusts

  1. Revocation or changes to the property by the testator
  2. The secret beneficiary predeceases the testator
  3. The secret trustee predeceases the testator
  4. Disclaimer of The Trust by The Trustee
  5. Secret Trustees as Beneficiaries

Can Testator Add or Subtract or Revoke The Gift?

Yes, in his lifetime, up till the date he dies.

Kasperbauer v Griffith[2000]

For revocation, T can change his mind or alter his intention to create a ST up until death.
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Re Tyler, Pennycuick J

Found Re Rees difficult to follow. But he warned of the importance of corroboration evidence where a secret trustee seeks to be entitled to the benefit.

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