Re Snowden
The standard of proof for a secret trust is the ordinary civil standard, unless fraud is alleged.
Facts
Mrs Snowden, an elderly woman, left her residuary estate to her brother by will. She had wanted to divide her property fairly among her nephews and nieces, and had told her brother so. Her brother died six days after her, leaving everything to his son. The nephews and nieces claimed that the brother held the property on a secret trust for them.
Legal principle
Megarry V-C held that there was no secret trust. He said that the standard of proof is the ordinary civil standard of the balance of probabilities, unless the case involves fraud, in which case a higher standard might be needed. On the evidence, the testatrix had intended her brother to be morally, but not legally, bound to carry out her wishes, so there was no binding obligation, and he took the property absolutely.
Related cases on secret trusts and mutual wills
- Blackwell v Blackwell [1929] AC 318
- Re Boyes (1884) 26 Ch D 531
- Re Cleaver [1981] 1 WLR 939
- Re Gardner (No 2) [1923] 2 Ch 230
- Re Goodchild [1997] 1 WLR 1216
- Healey v Brown [2002] EWHC 1405 (Ch), [2002] WTLR 849
- Kasperbauer v Griffith [2000] WTLR 333
- Re Keen [1937] Ch 236
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