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#equity #law #secret-trust
Re Gardner (No 2) [1923] 2 Ch 230, where the secret beneficiary predeceased the testator. The normal rule is that a gift under a will lapses (fails) if the beneficiary predeceases. The court held that the beneficiary’s interest arose as soon as the trusts were communicated and accepted, as the interest was created by agreement, not by the will. Accordingly, the beneficiary’s share did not lapse. This decision, as we have seen, is regarded as very dubious indeed because, until the testator’s death, the trust is incompletely constituted, the beneficiary only having a hope that the trust will take effect when the testator dies, hopefully solvent and not having changed his mind by leaving the property to someone else.
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