Secret Trust Estate Dispute
Summary
A secret trust involves a will referencing separate instructions not disclosed in the will itself. For a fully secret trust, the trustee must prove the trusts existence and terms, as the will does not mention them. In contrast, a half-secret trust is mentioned in the will but lacks detailed terms, requiring external evidence for validation. In this case, Robert must demonstrate that Ned communicated his intentions before death and that Robert accepted the trust obligations. Legal advice may be necessary to support the trusts validity in court, especially when contested by other beneficiaries like Catelyn, the residuary beneficiary.Full Conversation
is it half secret
Hi! In your situation, it sounds like a "fully secret trust" because the will does not disclose the trust's terms, only the trustee knows. A "half-secret trust" mentions the trust in the will but not the terms.
- Fully secret trust: The trustee (Robert) must prove the trust's existence and terms.
- Half-secret trust: The will mentions the trust but not the terms, needing external evidence to validate it.
Do you have any specific concerns about proving the trust's validity?