The trust will fail if the secret trustee predeceases the testator or disclaims the gift. (In the case of an ordinary gift by will to a person who predeceases the testator, the gift normally lapses, i.e. fails.)
The trust will fail if the secret trustee predeceases the testator or disclaims the gift. (In the case of an ordinary gift by will to a person who predeceases the testator, the gift normally lapses, i.e. fails.)
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#equity #law #secret-trust
Question
The trust will fail if the secret trustee predeceases the testator or disclaims the gift. (In the case of an ordinary gift by will to a person who predeceases the testator, the gift normally lapses, i.e. fails.)
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Open it It was said obiter in the Court of Appeal in Re Maddock [1902] 2 Ch 220 (which concerned a fully secret trust) that the trust will fail if the secret trustee predeceases the testator or disclaims the gift. (In the case of an ordinary gift by will to a person who predeceases the testator, the gift normally lapses, i.e. fails.)
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