One would expect that just as a gift by will to B or to T expressly on trust for B will lapse if B predeceases the testator (if B is not the testator’s child leaving surviving issue of their own) so also a gift will lapse if to X on a secret trust for B who predeceases the testator. Surprisingly, such a gift to a secret predeceasing beneficiary was held not to lapse in [ case ]. Romer J erroneously assumed that B acquired a proprietary interest as if the secret trustee, T, on accepting the testator’s directions, had declared a trust for B of whatever the testator was bequeathing to T for B. Such a trust of a hope is, however, ineffective as it is not a trust of existing property. His decision ought not to be followed
Answer
Re Gardner (No 2) [1923] 2 Ch 230
Tags
#equity #law #secret-trust
Question
One would expect that just as a gift by will to B or to T expressly on trust for B will lapse if B predeceases the testator (if B is not the testator’s child leaving surviving issue of their own) so also a gift will lapse if to X on a secret trust for B who predeceases the testator. Surprisingly, such a gift to a secret predeceasing beneficiary was held not to lapse in [ case ]. Romer J erroneously assumed that B acquired a proprietary interest as if the secret trustee, T, on accepting the testator’s directions, had declared a trust for B of whatever the testator was bequeathing to T for B. Such a trust of a hope is, however, ineffective as it is not a trust of existing property. His decision ought not to be followed
Answer
?
Tags
#equity #law #secret-trust
Question
One would expect that just as a gift by will to B or to T expressly on trust for B will lapse if B predeceases the testator (if B is not the testator’s child leaving surviving issue of their own) so also a gift will lapse if to X on a secret trust for B who predeceases the testator. Surprisingly, such a gift to a secret predeceasing beneficiary was held not to lapse in [ case ]. Romer J erroneously assumed that B acquired a proprietary interest as if the secret trustee, T, on accepting the testator’s directions, had declared a trust for B of whatever the testator was bequeathing to T for B. Such a trust of a hope is, however, ineffective as it is not a trust of existing property. His decision ought not to be followed
Answer
Re Gardner (No 2) [1923] 2 Ch 230
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Open it s not the testator’s child leaving surviving issue of their own) so also a gift will lapse if to X on a secret trust for B who predeceases the testator. Surprisingly, such a gift to a secret predeceasing beneficiary was held not to lapse in <span>Re Gardner (No 2) [1923] 2 Ch 230. Romer J erroneously assumed that B acquired a proprietary interest as if the secret trustee, T, on accepting the testator’s directions, had declared a trust for B of whatever the tes
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