Premium Essay

Secret Trust

Submitted By
Words 1985
Pages 8
A secret trust (ST) has been defined as a means of creating a trust without the beneficiary being publically identified, and in essence an equitable obligation is engrafted upon a gift in a will and communicated to the trustee within the testator's lifetime . A trusted confident will receive a gift under the will ostensibly for her own benefit but which is in fact to be held on trust . STs fall into two main categories: fully secret trusts(FST) and half secret trusts(HST). A FST is totally private whereas in a HST the secret trustee is named on the will. The statement made by Emma Challinor deeply opposes STs and the two main theories, fraud theory and dehors theory, which purport to justify them. With reference to case law and commentary, …show more content…
Romer J held that a gift did not lapse as the interest arose from the trust that was created before the death of the testator which suggests the trust is created at the moment is it communicated and agreed and thus not ambulatory but inter vivos. It is suggested that the decision of Re Gardner cannot be correct because the will could have been altered which would have revoked the ST which means that it is not fully constituted. Martin righty argues that there is no rational theory that can justify the case’s decision . Despite Re Gardner being good law, the general view remains that the ST is constituted at the moment of the testator's death and subsequently goes against the dehors theory that STs are inter …show more content…
Following Re Stead, if the trustees are joint tenants and one trustee agrees to act as trustee before the execution of the will then all are bound. If they agree after the will then only they are bound. With tenants in common, only those who agree to the trust before the testators death. Perrins has been particularly critical on the timing of acceptance under Re stead , arguing it should be based on the principle established in Huguenin v Baseley that 'no man should profit from the fraud of another' .On this argument, the second secret trustee should only be bound if the testator was in fact induced to leave property to him on the strength of the first secret trustees promise. It would be better to assess whether the bequest was actually induced by the promise in each individual case rather than applying general rules . It is unclear which case law should be adopted and for this reason a fundamental revision of the law in this area is necessary, perhaps to require acceptance to be made in writing could provide clarity and less

Similar Documents

Premium Essay

Case Studys

...Paper 5 The Recovery of Trust: Case studies of organisational failures and trust repair BY GRAHAM DIETZ AND NICOLE GILLESPIE Published by the Institute of Business Ethics Occasional Paper 5 Authors Dr Graham Dietz is a Senior Lecturer in Human Resource Management and Organisational Behaviour at Durham University, UK. His research focuses on trust repair after organisational failures, as well as trust-building across cultures. Together with his co-author on this report, his most recent co-edited book is Organizational Trust: A cultural perspective (Cambridge University Press). Dr Nicole Gillespie is a Senior Lecturer in Management at the University of Queensland, Australia. Her research focuses on building, repairing and measuring trust in organisations and across cultural and professional boundaries. In addition, Nicole researches in the areas of leadership, teams and employee engagement. Acknowledgements The authors would like to thank the contact persons in the featured organisations for their comments on an earlier draft of this Paper. The IBE is particularly grateful to Severn Trent and BAE Systems for their support of this project. All rights reserved. To reproduce or transmit this book in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, please obtain prior permission in writing from the publisher. The Recovery of Trust: Case studies of organisational...

Words: 16669 - Pages: 67

Premium Essay

Moral Issues

...be faced with daily challenges and moral issues with family, friends and work. If someone told you a secret, for instance, would you promise to keep it safe, even if it meant endangering their life? Should we go against our own belief in our career and keep someone alive at all costs, no matter what their physical or mental condition is? I remember being a kid and running around telling secrets and when it got back to me it was blown way out of proportion. Those were the good days. We have grown up and things have changed but what hasn’t changed is we still have secrets in our life. There are so many reasons why we keep and pass around our secrets. Secrets can and usually do cause pain and suffering – that is why they are called secrets. One person most likely doesn’t want the secret out for one reason or another and then they allow someone close to them into their “trust field” and that person becomes vulnerable. Can you keep a secret? I will tell you the truth, I can’t. I am tell-a-phone, tell-a-graph, tell-a-Trina. If you want something to stay private … Do Not Tell Me! With my new leadership role, I had to learn to be more private. I already had several friends in the department and stepping into management was hard. I learned so much about many of my co-workers. Honoring trust didn’t require the whole truth. Little white lies had to be established. Keeping my big mouth shut was...

Words: 784 - Pages: 4

Free Essay

Confidentiality After Tarasoft

...Confidentiality after Tarasoft PSY / 305 June 30, 2014 Garen Weitman In life a person learns to keep secrets at a very young age. As a person grows up and becomes an adult we choose paths that require us to keep secrets from other individuals, when we do this it no longer is known as a secret it is called keeping things confidential. Merriam-Webster defines confidential as a secret or private, showing that you are saying something that is secret or private, and trusted with a secret or private information. (Merriam-webster, n.d.)A psychologist has a tremendous responsibility in keeping this confidential, it is what allows a client to be truthful and not worry about others knowing their secrets. However some secrets are not always meant to remain a secret, for example when it involves the endangerment of a person’s life. The story of Prosenjit Poddar and Tatiana Tarasoff is a perfect example. Prosenjit Poddar was being seen by a therapist by the name of Dr. Moore. One day Mr. Poddar informed his therapist he wanted to kill a woman upon her arrival from her vacation. Taking Poddar’s threat seriously Dr. Moore contacted his supervisor as well as the campus police. The police detained, questioned and then released him, determining that Prosenjit Poddar was rational and promised not to harm the woman. The woman later to be known as Tatiana Tarasoff returned from her vacation two month later, Poddar murdered her. Tarasoff family later sued Dr. Moore, Dr. Moore’s supervisor,...

Words: 825 - Pages: 4

Premium Essay

Confidence

...When your superiors find out that someone tried to get something from you and you didn’t crack; their estimation of you climbs to a higher level. Your loyalty allows you to be entrusted with information and decision-making authority in your organization. Loyal people who can keep secrets become a hub within an organization. Perhaps more than anything else, the difference between keeping confidence and not keeping confidence is that those that are loyal become a hub in an organization, while those that aren’t loyal are avoided. A lack of loyalty shows self-serving characteristics that don’t help the organization and show that your loyalty is shown to be to yourself alone. Here are some of the things that one should consider when given the opportunity to keep confidences: 1. Stop asking others to keep secrets when you should keep them in the first place. If you have to say, “You can’t tell anyone about this” then it’s a good sign that you shouldn’t tell them that information in the first place. 2. Started saying “I trust your judgment with who should know this.” Instead of swearing people to secrecy. Over time you find who you can trust and who you can’t with confidences. 3. Keeping confidences of a leader by defending the leader’s confidence is a great way to establish loyalty. The leader may discover that the confidence was kept...

Words: 552 - Pages: 3

Premium Essay

Trust Concept Analysis

...Trust: A Concept Analysis The term trust encompasses a wide array of meaning. It can be regarded both as a logical and an emotional act. Trust can be defined as having utter belief in the reliability, ability or truth of any person or thing; it is a state where the acceptance of truth even without evidence or investigations becomes possible (Oxford University Press, 2013). However, according to Merriam-Webster (2013) trust is defined as a guaranteed reliance on the strength, character or the character of any entity. Trust is an utterly important concept, even when considering it from the perspective of the nurse management. As mentioned earlier, trust has an element of emotion and logic in it. It is considered logical where a person perceives the potential gains or losses of putting their reliance on someone, calculating the possible satisfaction derived out of putting their trust into them and only after carefully analyzing all these aspects, then deciding whether or not to trust someone. However, it can be referred as emotional when any entity exposes themselves to others, hoping that rather than taking advantage of their situation, the others would tend to understand their situation and support them open heatedly. There are various dimensions to trust, some of which could be defined under the terms of predictability, delayed reciprocity, value exchange and exposed vulnerabilities. Human beings have a knack of forecasting for their future and in doing so, it is imperative...

Words: 1832 - Pages: 8

Free Essay

Anything

...Sharoman 2. Muhamad Khalis Syafiq b. Mohamad Nasir Title: The Secret Success of the Wealthiest Men in Malaysia. Type of Essay: | |Introduction | | |Problem Statement: Nowdays,Malaysia has produced many success people,such as Tan Sri Syed Mokhtar Albukhary, Robert Kuok and | | |Tony Fernandes.Mostly theywere succeed in business and entre prenership.Their success to some extent has catributed to the | | |country in economical aspect.There are many success secret of wealthiest men in Malaysia. | | |Thesis Statement: Thus, the secret to be successful like the wealthiest men in Malaysia are believing in ourselves, thinking | | |creatively and being a risk taker. | | | |II |Body | | |A |Main Idea 1: be a humble person | | | |Topic Sentence 1: One of the secret to be successful is be a humble and down to earth person. ...

Words: 580 - Pages: 3

Free Essay

Secrets

...What is a secret? A secret is something that is kept or meant to be kept unknown or unseen by others. Secrets can be a good thing or it can be a bad thing. Secrets should only be confided in someone you know and can trust.The secret I had , had the biggest impact on my life . It almost killed me. It was a cold rainy Friday night and all my friends were over. It was my famous sleepover that i had every three months . Everyone knows what goes on at sleepovers. We talk about boys , we share secrets , and watch scary movies! First we watch a couple of scary movies. Then we talked about boys and who we had crushes on . Finally it was time to share secrets! That was best part of the night! We all sat in a circle and started talking about our secrets. It was my friend, Crystal's turn . She had seem distant the whole night . It was almost like she was nervous about something and didn't want to talk. Before she told us her secret she made us promise not to tell anyone her secret so everyone promised. I was anxious to hear what her secret was because she like to keep secrets. She was scared to talk about it at first , but then she begin her story. Crystal's secret was that she killed her dad . I had a disturbed look on my face and my other friends were shocked. We asked her to go into detail and she told us how it happen . After she finished her story all of us looked puzzled. That night we decided to keep that secret between us . A few months later Crystal's and her...

Words: 890 - Pages: 4

Free Essay

The Rise of a Mass Society Summary

...Running Head: The Rise of a Mass Society Summary The Rise of a Mass Society Summary Team C Due Week 2 Erik Escobar Kimberly Foster Brianna Gomez Cristina Gonzalez Isabel Ortega Ricardo Ruiz The Rise of a Mass Society Summary The word Gilded is best described in the words of writer Mark Twain from his novel written in 1873; The Gilded Age: A Tale of Today. When asked today what we thought Gilded means people think of this novel and describe Gilded as a form a greedy political corruption. The first gilded age was in 1874 to 1900. Twains book and definition of Gilded definitely summarized the corruption in public lives during the late 1800s. The term “Free Market” is a voluntary agreement of the exchange between two or more people in society. The type of exchange do vary and in any combination of two economic goods either tangible commodities or the services from another person. (Rothbard, Murray, N. 2008) Like many new things there are benefits as well as disadvantages to any system. The Free Market has its high points one of which helped society out of the first gilded age in the 1890s. However even though the free market was successful certain social classes still struggled and did not get the opportunity to enjoy what the market had to offer. The department store was introduced to society back in the nineteenth century. The very first real department store was owned by a man named Aristide Boucicault in Paris, France. Before the free market Aristide sold...

Words: 1581 - Pages: 7

Free Essay

Truthful Lies: America’s Imbalance

...WR 121 Essay 1: Diagnostic Words: 778 Truthful Lies: America’s Imbalance In the real world, statements are made, without regard for consequences. Is it possible to “unsay” something? To take it back? Rudyard Kipling said it best, “Words are, of course, the most powerful drug used by mankind.” As a child, I played a game called gossip. It was usually at a slumber party and required all the participants to sit in a circle. The first person would whisper a secret to the person beside them. That person then whispered the secret to the person beside them, but told it in their own words. The last person in the circle was to announce the secret, as they heard it. I was always astonished, not only by how much the story had changed, but by how excited the participants were to tell it. My grandmother used to say, “Be careful what you say, because once the words are out, you can’t take them back.” Although she was nobody famous, she had a firm grasp on the impact words could have on a person’s life. When I think of a drug, I think of something that changes a person, either physically, mentally, or both. Think about how you feel when you hear, or read something about another person. Your reaction is based on many things. Suppose you are a person, with little means, who struggles every day. One day you hear that someone who is not only famous, but wealthy has lost all their money. You don’t even know this person, but those words have somehow made you feel better...

Words: 786 - Pages: 4

Premium Essay

Case on Trust

...Recovery of Trust: Case studies of organisational failures and trust repair BY GRAHAM DIETZ AND NICOLE GILLESPIE Published by the Institute of Business Ethics Occasional Paper 5 Authors Dr Graham Dietz is a Senior Lecturer in Human Resource Management and Organisational Behaviour at Durham University, UK. His research focuses on trust repair after organisational failures, as well as trust-building across cultures. Together with his co-author on this report, his most recent co-edited book is Organizational Trust: A cultural perspective (Cambridge University Press). Dr Nicole Gillespie is a Senior Lecturer in Management at the University of Queensland, Australia. Her research focuses on building, repairing and measuring trust in organisations and across cultural and professional boundaries. In addition, Nicole researches in the areas of leadership, teams and employee engagement. Acknowledgements The authors would like to thank the contact persons in the featured organisations for their comments on an earlier draft of this Paper. The IBE is particularly grateful to Severn Trent and BAE Systems for their support of this project. All rights reserved. To reproduce or transmit this book in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, please obtain prior permission in writing from the publisher. The Recovery of Trust: Case studies of organisational failures and trust repair Price...

Words: 16670 - Pages: 67

Premium Essay

Nt1330 Unit 1 Assignment 1

...In today's world of technology, there are no islands of data but continuous movement of information, ideas, conversations, goods and products. But there needs to be a foundation of trust that enables the honest exchange of these items. If we can manage trust in every exchange through different protocols to verify the truth of facts in any exchange, we can then have an internet of trust. We will be demonstrating this trust by playing the classic game of Battleship between two players Alice & Bob that have just meet online for the first time. We will be implementing cryptographic hashing algorithms and digital signatures in order to verify the data between our two players to be true, but to also maintain the integrity of the moves being played. This will help to prove that our data has not been modified by an unauthorized entity or adversary...

Words: 788 - Pages: 4

Free Essay

Brave Heart and King Speech Movie Comparission

...Brave Heart and Kings Speech, might be centuries apart but for me are the most historic and state mental movies ever produced. The characters have all done justice to their roles; the storyline is a tremendous piece of art that cannot be replaced by any other movie. Both have their own stands and relate to situations in different times and conditions. The two have many common grounds and share themes that are portrayed in different scenes through different perspectives. The movies mostly revolve around the idea of standing up for oneself and not giving up, whoever the enemy might be. Patriotism is portrayed in Brave Heart when Mel Gibson's character William Wallas refers to the cavilary as "sons of Scotland." They agree to fight against an army almost double in size, armor and men. This battle is won. In Kings Speech the King, is coping with a stammer to deliver a speech which is his first wartime radio broadcast on Britain's declaration of war on Germany. The struggle required to overcome the fear of stammering and of rejection is calmed down by the support of his friends and family. In Brave Heart love is a key theme, the movie beautifully portrays that intense love can make you go lengths you never wanted to go, change decisions like William decides to fight and rebel once his love, wife is killed for abstaining the soldiers from raping her. He starts a revolt against the most powerful men and dies trying. Love, an emotion that can help you through any stage of life...

Words: 1038 - Pages: 5

Premium Essay

Not Sure What This Is

...about him showed how you don’t have to have virtue to be a success you can be ruthless and underhanded and still ascertain your wealth. 2. How did the environment of the Standard change in the early 1900s? What deep historical forces are implicated in these changes? The Sherman anti-trust law came about, the source of all American antimonopoly laws and by 1890 standard oil controlled about 88% of the oil industry so they were immediately targeted by 1904 they controlled 91%. The Sherman Antitrust laws finally came into effect and the company was broken up in 1911 3. What were the impacts of the oil trade on society in major dimensions of the business environment, that is, economic, cultural, technological, natural, governmental, legal, and internal?  It really changed the business environment because it brought up issues of fair business practices and company’s having a monopoly over an industry. It did help our economy in some senses it was so efficient it lowered oil prices due to its unfair shipping rates and virtually having no competition. It controlled the market and its prices and since there was such a high demand the profits were through the roof. It was found to have made secret dealings, own hidden railroads, able to unfairly manipulate...

Words: 684 - Pages: 3

Free Essay

Njnkjn

...FOREWORD "Whatever your mind can conceive and believe it can achieve." - Napoleon Hill American born Napoleon Hill is considered to have influenced more people into success than any other person in history. He has been perhaps the most influential man in the area of personal success technique development, primarily through his classic book Think and Grow Rich which has helped million of the people and has been important in the life of many successful people such as W. Clement Stone and Og Mandino. Napoleon Hill was born into poverty in 1883 in a one-room cabin on the Pound River in Wise County, Virginia. At the age of 10 his mother died, and two years later his father remarried. He became a very rebellious boy, but grew up to be an incredible man. He began his writing career at age 13 as a "mountain reporter" for small town newspapers and went on to become America's most beloved motivational author. Fighting against all class of great disadvantages and pressures, he dedicated more than 25 years of his life to define the reasons by which so many people fail to achieve true financial success and happiness in their life. During this time he achieved great success as an attorney and journalist. His early career as a reporter helped finance his way through law school. He was given an assignment to write a series of success stories of famous men, and his big break came when he was asked to interview steel-magnate Andrew Carnegie. Mr. Carnegie commissioned Hill to...

Words: 92846 - Pages: 372

Free Essay

Team Chart Analysis

...Analysis of Team Charter Week three collaboration between team C members resulted in interesting similarities and difference between team members in reference to personality types, listening skills, and trust level. Post the self assessment offered by Prentice Hall through the University of Phoenix; each team member got a better understanding of his / her team member strength and weaknesses, knowing that based on the self assessment there are no such “right” answer and neither extreme better than the other. The personality different types for team C can be summarized as follows: 1. xxxxxxxxxxxxxx = ENFJ 2. zzzzzzzzzzzzzzzz = ENTJ 3. eeeeeeeeeee = ENTJ 4. rrrrrrrrrrrrrrrrrrrrrr = ENTJ “ENTJ = is outgoing, visionary, argumentative, have low tolerance for incompetence, and often seen as a natural leader. As far career the survey lists; possible career as a manager, management trainer, stockholder, lawyer, chemical engineer, or police officer. ENFJ = is charismatic, compassionate, and highly persuasive. Possible career as a TV producer, fundraiser, drama teacher, or health adviser”. How often that; it works to have 75% of team members personalities are similar; we have three members (xxxxxxxxxxxxxxxxxxxx) earned type ENTJ in the Prentice Hall Self-Assessment and one team member ) earned different type ENFJ. The mix is not equivalent to experience different personalities; however, having the same personalities is a challenging factor...

Words: 651 - Pages: 3