equity and trust law

 
1) You are required to address the following question which asks you to critically
discuss the quote from Stewart Manley’s recent article on Secret Trusts.
2) You are required to write your answer in the style of a short academic article. Please read this question in conjunction with the
information set out clearly in the slides that will accompany the lecture.
3) You will need to write clearly, address the task that you have been asked to
undertake and provide a strong narrative thesis throughout your response –
dealing with the subject matter of the question.
4) You are required to use robust academic sources to support the points and
arguments that you make in addressing the question.
5) You are required to use footnotes and provide a bibliography in a manner that
conforms to the OSCOLA protocol.
6) Word Count – INCLUDING FOOTNOTES AND BIBLIOGRAPHY – 3500 words.
Question:
“Secret trusts are scrutinised in every trust law text-book. Numerous scholarly articles have debated their theoretical
basis. Yet they remain a conceptual conundrum. Is a fully secret trust testamentary or inter-vivos? Is it express or
constructive? Should its apparent failure to comply with the requirements of the Wills Act be disregarded to prevent
fraud or because it is dehors (outside the scope of) the will?”
Stewart Manley, ‘Reconceptualising the fully-secret trust’ (2015) 21 Trusts and Trustees 802
Critically discuss.

WE ACCEPT