Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, January 12, 2017

Article on the Doctrine of Secret Trust

Secret trustsAdam Tanner published an Article entitled, Secret Trusts: Are They a ‘Conceptual Conundrum’? (2016). Provided below is an abstract of the Article:

The Doctrine of the Secret Trust is a strong area of contention; academics struggle to agree on even the fundamental justifications and basic functions of the Secret Trust. This article seeks to purvey the view that there is not a ‘conceptual conundrum’ surrounding these issues. Whilst many academics may be in disagreement, the case law shows well founded reasoning for the doctrine. Through an analysis of the current leading cases the key arguments against the Secret Trust are disputed.

It is argued that the nature of the Secret Trust, when considered in light of judicial reasoning, is not disputable and that not only is there sound justification for the doctrine in the pursuit of preventing fraud but Secret Trusts also fall outside the scope of the Wills Act, therefore the view that they are unconstitutional in their circumventing of the Wills Act 1837 and ‘thus ‘go against the will of Parliament’ is completely unfounded.

This piece takes an alternative stance to the proposition, as well as to the majority of the literature referenced throughout, in stating that there should not continue to be debate surrounding this issue, as it is clearly demonstrable that the concepts of the Secret Trust are easily palpable and not a conundrum at all.

 

https://lawprofessors.typepad.com/trusts_estates_prof/2017/01/article-on-the-doctrine-of-secret-trust.html

Articles, Estate Planning - Generally, Trusts, Wills | Permalink

Comments

Post a comment