Dehors Agreement

Alastair Hudson, Professor of Equity and Law at Queen Mary, University of London, suggests the potential for a troisième class of secret trust. This is where the dying person is encouraged not to a will that his property passes to the next-of-kin, on the agreement that the next-of-kin give effect to his wishes via a secret trust. If so, le next-of-kin would be obliged to hold the property on trust and fulfil the dying person`s wishes. [4] Many people often prefer the path of least resistance and prefer to stay in their comfort zone. Walking out of the comfort zone is uncomfortable for them, due to the insecurity and chaos that can exist in the unknown area. And yet, life often begins outside the comfort zone, and a whole new world is constantly discovered only after overtading the limits of the status quo. Let`s not forget that a star was born only from colossal chaos and darkness. Get out of the comfort zone, with confidence. – Deo. Secret trusts do not meet the formality requirements (e.g.B. testimonies) set out in the Wills Act 1837.

Despite this, the courts have chosen to validate them. Although various justifications have been provided for this purpose, they are generally classified either on fraud prevention or on secret trusts, outside (outside) the operation of the Wills Act. The first is considered a traditional approach – if the courts do not recognize secret trusts, the attorney who receives the assets in the will could keep it to himself and commit fraud. Fraud theory uses the correct maxim that “justice does not allow a law to be used as a cover for fraud.” A more modern view is that secret trusts exist outside of the will and therefore do not need to comply with it. Adopting this theory would jeopardize the operation of the Wills Act, as the Wills Act would have to cover all final orders. To avoid this problem, one approach was to reclassify secret trust as inter vivo (“between the living”), but this creates other problems. Attempts have also been made to conclude that semi-secret trusts rest on a different basis than totally secret trusts, although this has been refused by the House of Lords mainly for practical reasons. .

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