“Secret trusts bind trustees despite beneficial gifts under wills”
A testator left property to trustees by will with instructions communicated outside the will to hold it for specific beneficiaries. The trustees had accepted these obligations during the testator's lifetime but later sought to retain the property beneficially.
Whether a secret trust could be enforced where the will appeared to make an absolute beneficial gift to the trustees
The House of Lords held that the secret trust was enforceable and the trustees must hold the property for the intended beneficiaries
This case is fundamental to understanding secret trusts in equity, establishing the principle that such trusts operate independently of statutory will requirements. It remains the leading authority on fully secret trusts and is essential for equity and trusts law.
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OSCOLA Citation
Blackwell v Blackwell [1929] AC 318 (HL)
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