A secret trust is an equitable obligation communicated to an intended trustee during the lifetime of the testator, but which is intended to take effect on the death of the testator by crystallising or attaching to a gift arising under the will of the testator. In this thorough analysis of the law Mohamed Ramjohn explains the difference between secret and half-secret trusts; the means by which each type is created and their particular requirements. In addition he considers a number of controversial issues, including the classification of secret trusts, the standard of proof, the situation where the secret beneficiary pre-deceases the testator and whether an uninformed legatee is subject to the trust obligations imposed on informed trustees. The lecture concludes with a consideration of the theoretical or juridical basis on which the courts enforce secret trusts.
Duration: 62 minutes (approx)
Lecturer: Mohamed Ramjohn