Peer-Reviewed Journal Details
Mandatory Fields
Mee, J.;
The Conveyancer and Property Lawyer
Half-Secret Trusts in England and Ireland
Optional Fields
This note considers the decision of the Irish High Court in Re Prendiville (1992) which dealt with the enforcement of half-secret trusts. It confirms, in a case where the point arose for decision, that Irish law rejects “the prior acceptance rule” favoured in the English cases. The judgment of Barron J. also contains an unorthodox analysis of the English case-law. Although this analysis is seriously flawed, it does raise an interesting question in relation to the meaning of a dictum of Viscount Sumner in Blackwell v. Blackwell (1929). Re Prendiville is also relevant in relation to the rule, applied in English law, that the timing of the communication of the half-secret trust must be consistent with the terms of the will.
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