Hey there guys I wanted to know if there were any statutory formailities for secret trusts?
Also whether the three certainities applied, as I has a problem question and , it never indicates the objects and the subject matter of the trust or the intention. So I'm struggling to apply the three certainities here. I am also aware that the three requirements in The ottaway case will also apply: intmet ion, communication and acceptance.
If anyone can give me examples I how I could apply the three certainities as in knight v knight to fully and half secret trusts then I would
Appreciate it immensely.
For example I have this question
A) £50,000 to Jane to hold on trust for the purposes I have already communicated to her.
Here intention clear - re Harding the use of trust indicates a trust has been intended
Subject - also clear as te lump sum if 50,000 also clear.
Objects - unclear no name of the beneficiary. So how would I assess this? Can I state in accordance to Blackwell v Blackwell the trust and it terms need to be communicated as this appears to be a half secret trust. Further , it appears that they have as he has communicated to umma so the objects may also be certain if the testator has communicated the objects under the trust to uma who are to benefit from the 50,000?
Let me know what you guys think
But we haven't even met!