#equity #law #secret-trust
According to Kasperbauer v Griffith [2000] WTLR 333 the requirements for the trust to be enforced are:
- An intention by the testator, or a person prepared to die intestate, to create a trust binding an inheritor of their property;
- Communication of the trust to the intended trustee; and
- Acceptance of the trust by the trustee.
The testator or intestate then relies on that acceptance by making a will, leaving a will unrevoked or not making a will at all.
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