Fully secret trust

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A fully secret trust is a trust declared in a will where there is no indication that a trust exists at all but appears as an absolute gift to the recipient. For example, "£50,000 to Eliza". Communication of the fully secret trust must take place during the testator's lifetime: Wallgrave v Tebbs [1855] 2 K & J 313: "[the court] en-grafts the trust on the devise, by admitting evidence which the statute would in terms exclude, in order to prevent party from applying property to a purpose foreign to that for which he undertook to hold it"-per Wood VC.

UK LAW
Trust Law