LAW

“The whole basis of secret trusts…is that they operate outside the will, changing nothing that is written in it, and allowing it to operate according to its tenor, but then fastening a trust on the property in the hands of the recipient.”

“The whole basis of secret trusts…is that they operate outside the will, changing nothing that is written in it, and allowing it to operate according to its tenor, but then fastening a trust on the property in the hands of the recipient.” (Megarry VC in Re Snowden [1979] 2 All E R 173 at 178)

Introduction and Background

A secret trust is a concealed agreement or deal between a testator and a trustee which operates externally to the terms of the will. A secret trust is an arrangement in which a testator wishes to transfer the benefit of property to a person without giving any specific reason for this action. In an aftermath, a confidant is asked to act as trustee for this arrangement through which the confidant receives the benefit or the gift which he holds for the third person on trust.

Principles of Recognising Secret and Half-Secret Trusts

Conceptual difficulties arising from the given situation lays out several key aspects of the concern related to deciding how to sort out the secret trust between express trust, constructive trust and a rule based on the equitable principles of preventing fraud. Testament - written instructions regarding the citizen's own property in the event of death. Making a will can only be fully able-bodied citizen. Testament is made personally by the testator; intestate registration by proxy is not permitted by law.

In addition, a notary public explains the rules of making a will the testator (including the mandatory share in inheritance under st.1149 Civil Code) and will, put an entry. The latest version of the testator wrote the will in the presence of a notary, seals it in an envelope and verifies its signature. The testator has the right not to show the text of the testament, even the notary, but it must be two witnesses who leave their data and personal signature on the envelope containing the will. After this, the envelope is taken by a notary, sealed in another envelope, which is notarized. Simultaneously, the notary is obliged to familiarize with the rules of the testator making a will and make a mark on the conduct of this action on the envelope (Ottoway v Norman).

This can be done by contacting the court. As a rule, it will be invalid in cases of infringement of lawful rights and interests of one of the heirs. Such a claim may be filed only after the discovery of the will. The grounds for the recognition of the will invalid and may be evidence proving the existence of serious violations in its preparation, in accordance with the Civil Code. The most typical case is that of a marriage with children is going to make a ...