Should Professionally Drafted Half-Secret Trusts Be Extinct after Larke v. Nugus?

13 Pages Posted: 1 Jun 2014

Date Written: May 30, 2014

Abstract

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

Suggested Citation

Evans, Steven, Should Professionally Drafted Half-Secret Trusts Be Extinct after Larke v. Nugus? (May 30, 2014). University of Leicester School of Law Research Paper No. 14-17, Available at SSRN: https://ssrn.com/abstract=2443925 or http://dx.doi.org/10.2139/ssrn.2443925

Steven Evans (Contact Author)

Leicester Law School ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

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