Re Young
A beneficiary under a secret trust who witnesses the will does not lose his benefit, because the trust operates outside the will.
Facts
A testator left his property to his wife, and told her that, on her death, she should leave a legacy of £2,000 to his chauffeur. The chauffeur had witnessed the will. Under section 15 of the Wills Act 1837, a witness to a will cannot take a gift under it. The question was whether the chauffeur's legacy failed because he had witnessed the will.
Legal principle
Danckwerts J held that the chauffeur was entitled to the legacy. He said that the whole theory of secret trusts is that the Wills Act has nothing to do with the matter, because the trust operates outside the will and takes effect by reason of the personal obligation accepted by the legatee. The chauffeur did not take under the will, but under the secret trust, so section 15 did not apply.
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
Studying equity and trusts? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
