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, [...].
Answer
all are bound if communication took place before the execution of the will (but not if it took place after)
Tags
#equity #law #secret-trust
Question
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, [...].
Answer
?
Tags
#equity #law #secret-trust
Question
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, [...].
Answer
all are bound if communication took place before the execution of the will (but not if it took place after)
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Parent (intermediate) annotation
Open it em, 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, <span>all are bound if communication took place before the execution of the will (but not if it took place after).
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