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, provided the trustee is aware that the envelope contains the terms of the trust and he accepts it on that basis.
Answer
Re Keen [1937] Ch 236
Tags
#equity #law #secret-trust
Question
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, provided the trustee is aware that the envelope contains the terms of the trust and he accepts it on that basis.
Answer
?
Tags
#equity #law #secret-trust
Question
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, provided the trustee is aware that the envelope contains the terms of the trust and he accepts it on that basis.
Answer
Re Keen [1937] Ch 236
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Open it 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’.
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