Should Professionally Drafted Half-Secret Trusts Be Extinct after Larke v. Nugus?
13 Pages Posted: 1 Jun 2014
Date Written: May 30, 2014
This article looks at the growing trend for disappointed beneficiaries to challenge testator's testamentary provisions, and examines the case of Larke v. Nugus, which confirmed that a solicitor's professional duty is to supply information surrounding the execution of a will to those who might have an interest in attacking it (which trumps the duty of confidentiality). Applying this to the doctrine of half secret trusts, where hidden dispositions are what a testator intends, it questions whether following Larke v. Nugus, such dispositions could ever be successfully hidden, and concludes that in modern legal practice the device of a half secret trust is unlikely to succeed.
Keywords: beneficiaries, testator’s provisions, testament, Larke v. Nugus, solicitors’ professional duties, half secret trusts
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