Equity and Trust in UK Essay -- fully secret trust, half-secret trust

cut into the validity and effect of the following two clauses in the en combine of Dan a) I allow my cottage, at 42 Drumsesk Road, to my friend Gurpreet in full sureness that he will dispose of it in accordance with the instructions give to him during my lifetime. Just ahead Dan signed the will, he told Gurpreet that he had left a sum of money in the will to Gurpreet which he treasured him to utilize for the benefit of Jenny. Gurpreet witnessed the will. Jenny crushd two days before Dan leaving two children. b) I leave my residuary estate to my brothers raft and surface-to-air missile jointly. A few days before the execution of the will Dan gave Ken a sealed envelope, saying these are some instructions I want you and surface-to-air missile to carry out when I die. Ken replied you know you can rely on me if its bonny with surface-to-air missile its fine with me. A year posterior Sam and Dan were killed in a car accident. The sealed envelope says that Dan wanted his re siduary estate to pass to his youngest son Joseph. Advise the executors of Dans will.Secret trust evolved as a response act to the Wills Act 1837 and was originally created to prohibit fraud. As the House of Lords held that equity will not allow a statute to be used as an instrument of fraud by the secret trustee .It is a concealed arrangement made amid a testator and the trustee and is made to come into force later on death. A justification for ST is the dehors the will theory which means the trusts arise outdoor(a) of the will - a inter vivos trust. Its purpose is to benefit another respective(prenominal) that hasnt been written in the formal will. The testator will leave property to the trustee under the will with the understanding that they will hold the property as a gift for which they will then later on be expected to pas... ...y to the real beneficiary. Therefore implying that regardless of Sams passing away, as Ken had obtained consent on her behalf, before the testa tor died, the trust will still proceed, and Joseph will obtain Dans residuary estate.After establishing that this trust is a FST, one must once again asses as to whether this trust fulfils all the requirements needed to become binding. Intention was realized when Dan gave Ken the sealed envelope with the terms of the trust. Communication was prove when Ken and Dan had an oral conversation in regards to the terms of the trust, Communication was also proven as in Re Keen stated that envelope and earn stating the terms was seen as sufficient amount of communication. Finally acceptance was proven when Ken stated you know you can rely on me. last that the FST is binding, and Joseph will indeed receive the trust.