93994
secret trust: joint in tenants v
tenants in common
- Look at wording of document e.g. equal shares
- i- Tenants in Common
- Tree v Ferris:
- Only those to whom communication
is made will be bound
- Only those to whom communication
is made will be bound
- cannot occur if property is
land: s.1 (6) LPA 1925
- Tree v Ferris:
- Joint Tenants
- Before the creation of the Will
- Russell v Jackson (1852): if one
accepted, the rest will be bound
- Russell v Jackson (1852): if one
accepted, the rest will be bound
- Communication after trust made:
- Moss v Cooper : only those to whom
communication is made will be bound
- Moss v Cooper : only those to whom
communication is made will be bound
- Re Stead [1900] -
- it shouldn’t matter if the testator communicates before or
after the will, as long as it is before the testator dies?
- Held: it could see no valid distinction between these 2
categories for joint tenancy, but was bound to follow precedent
- it shouldn’t matter if the testator communicates before or
after the will, as long as it is before the testator dies?
- Before the creation of the Will
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