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Words: | Submitted: Fri Jan 28 2005
... this requirement. In this question there appear to be questions regarding the validity of not only of full secret and half secret trusts but the validity of the will itself. Each disposition will be studied in turn beginning in reverse order. In his will, George leaves the residue of his estate to Clara "in full confidence that she will use it as (he) wish(es)". It can be argued that this is a half secret trust on the grounds that the residual estate is being left to hold on trust, with the beneficiaries remaining undisclosed. However there are problems with this view. Although it is clear from the facts George wanted Clara to use the residual estate for Sam he has used terminology that can be construed as being precatory. In Lambe v Eames2 a testator left property to his widow, stating that "it is to be at her disposal as she thinks ...
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