It seems there will be sufficient communication if the terms are given to the intended trustee, during the testator’s lifetime, enclosed in a sealed envelope, to be opened after the testator has died. It was considered in Re Keen [1937] Ch 236 that this would suffice, provided the trustee is aware that the envelope contains the terms of the trust and he accepts it on that basis; per Lord Wright MR, ‘a ship which sails under sealed orders, is sailing under orders though the exact terms are not ascertained by the captain until later’.