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#equity #law #secret-trust
Where a trustee of a half-secret trust dies the trust still subsists because ‘equity will not allow a trust to fail for want of a trustee’, so the executor will carry out the trust if it is possible to prove the terms of the trust despite the trustee’s death. Where, however, a fully secret trustee dies apparently absolutely beneficially entitled on the face of the will, quite apart from the possibility that the terms of the trust may well be lost by their death, it seems that as the will cannot operate to vest property in someone according to its terms, there can be no trust.
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