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Tags
#equity #law #secret-trust
Question
If the testator communicates the trust to one of several trustees, but not to all of them, are they all bound by the trust?
  1. General rule: only those to whom communication is made are bound by the trust (since only their consciences are affected);
  2. Exception: if the gift is to joint tenants, as opposed to tenants in common, all are bound if communication took place before the execution of the will (but not if it took place after).
Answer
Re Stead [1900] 1 Ch 237

Tags
#equity #law #secret-trust
Question
If the testator communicates the trust to one of several trustees, but not to all of them, are they all bound by the trust?
  1. General rule: only those to whom communication is made are bound by the trust (since only their consciences are affected);
  2. Exception: if the gift is to joint tenants, as opposed to tenants in common, all are bound if communication took place before the execution of the will (but not if it took place after).
Answer
?

Tags
#equity #law #secret-trust
Question
If the testator communicates the trust to one of several trustees, but not to all of them, are they all bound by the trust?
  1. General rule: only those to whom communication is made are bound by the trust (since only their consciences are affected);
  2. Exception: if the gift is to joint tenants, as opposed to tenants in common, all are bound if communication took place before the execution of the will (but not if it took place after).
Answer
Re Stead [1900] 1 Ch 237
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Re Stead [1900] 1 Ch 237 If the testator communicates the trust to one of several trustees, but not to all of them, are they all bound by the trust? General rule: only those to whom communication is made are bound by the trust (since only their consciences are affected); Exception: if the gift is to joint tenants, as opposed to tenants in common, all are bound if communication took place before the execution of the will (but not if it took place after).

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