The legal definition of half-secret trust is a secret trust in which the donor announces the trust but not the objects or the beneficiaries. Viscount sumner in blackwell v blackwell  however did find that these trusts were valid, in spite of this statute: the above excerpt, from the dicta of viscount sumner in blackwell v blackwell, argues that the enforcement of a semi-secret trust does not in fact contravene the aforesaid statutory provision. Suggested that a half secret trust of land (so that the devisee could not retain the land for himself) was not enforceable without written evidence (although this case was decided before the validity of half secret trusts was firmly established in blackwell v blackwell. Half secret trusts a half secret trust is when a gift is left in a will to a trustee however, the holder of the beneficial interested is not stated in the will the rules are stricter. Half-secret however 'half-secret trusts' is where a gift by will is made but the legatees are identified as trustees on the face of the will ie ' to x for the purpose which i have made known to him ' ( blackwell v blackwell = key case for everything half-secret).
Reasons for using secret trusts: a will is a public document so privacy and also flexibility 3 secret trusts - mechanism: either a) outright gift to the intended trustee in the will (fully secret) or gift in the will to the intended trustee stated to be 'on trust' (half secret. A secret trust arises where a person gives property to another, communicating to that person an intention that the property be dealt with in a specific way upon the happening of an event, and the donee accepts the obligation. In the case of both fully secret and half secret trusts there is no evidence of acknowledgement that the secret trustee by bound by the terms of the trust in the case of fully secret trusts because the secret trustee is the beneficiary there is a wide scope for fraud as the trustee could claim that he would take of the gift absolutely.
Secret and half-secret trusts do not meet the formalities set out in section 9 of the wills act 1837 but are still enforced by the courts to promote equity, justice and fairness as well as to. A half-secret or semi-secret trust is one where: t devises to pd on trust, explicitly, but the terms of the trust are not disclosed in the will this is very difficult to justify. Secret and half secret trusts candidates should have mentioned that these operate as an exception to s9 wills act 1837 which applies to gifts and trusts to take effect on death.
2) for half secret trusts- money left to beneficiaries, trustee to be held upon trust and disposed of by them among such persons as they may be notified by me, during my lifetime unsatisfactory b/c thats in the future, and communication c/ trustee must take place before/at same time will executed. Course-focused and comprehensive, the textbook on series provide an accessible overview of the key areas on the law curriculum this chapter discusses secret and half-secret trusts. The trust will fail if the intended trustee dies before the testator half secret the name of the trustee will be mentioned in the will but the terms of the trust and the beneficiaries will not be mentioned. Users without a subscription are not able to see the full content please, subscribe or login to access all content. Secret and half-secret trusts may 27, 2015 may 27, 2015 suzana popovic-montag estate & trust , trustees , wills tags: half-secret trust , secret trust 0 comments on occasion, a testator may wish to keep the true beneficiary of a trust hidden from public scrutiny.
Since the trustee of a secret trust will appear to be the testator's intended beneficiary under the will fully secret trusts can be open to fraud half-secret trusts where a trust is referred to in a will but the intended beneficiary under the trust is not named in the will, the trust is said to be a half-secret trust. Half-secret and fully secret trusts 'although half-secret and fully secret trusts appear to be juridically different, since one appears on the face of the will and the other does not, the better view is that they are not. Secret and half-secret trusts are testamentary trusts which fail to comply with the wills act because they are not disclosed or disclosed fully in a valid will secret trusts represent a rare exception to the rule that any disposition on.
Half secret trusts these arise where the trustee on the face of the will takes as trustee but the terms of the trust are not specified for example, if property is given to a person for purposes which i have communicated to him or for purposes which he is aware of a half secret trust will arise. Secret trusts fall within two general categories: fully-secret and half-secret trusts the basic difference between a fully-secret and half-secret trust, is that there is no indication in the terms of the will that the trust exists in regards to a fully-secret trust. In this chapter, you consider the topic of secret trusts and the related area of mutual wills the connecting link between the two topics is that the details of both are based on an agreement which is not necessarily apparent from the documentation.
Take a look at our interactive learning mind map about half secret trusts, or create your own mind map using our free cloud based mind map maker and mobile apps. This entry about half-secret trust has been published under the terms of the creative commons attribution 30 (cc by 30) licence, which permits unrestricted use and reproduction, provided the author or authors of the half-secret trust entry and the encyclopedia of law are in each case credited as the source of the half-secret trust entry. Originally, secret trusts were used for mistresses and illegitimate children and consist of two types: fully secret trusts and half secret trusts a fully secret trust is one of which there is no evidence at all within the will.