“Secret trust beneficiaries can witness wills without losing their interests”
A testator left property by will to his wife with secret instructions to hold part for his chauffeur. The chauffeur had witnessed the will, which would normally invalidate any beneficial gift under the Wills Act.
Whether a secret trust beneficiary loses their interest by witnessing the will, given the Wills Act prohibition on gifts to attesting witnesses
Danckwerts J held that the secret trust was valid and the chauffeur's interest was not affected by his witnessing the will
This case reinforced the principle that secret trusts operate independently of will formalities, extending this to witness invalidation rules. It demonstrates the practical advantages of the dehors the will theory for secret trust beneficiaries.
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OSCOLA Citation
Re Young [1951] Ch 344
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