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secret trust: joint in tenants v tenants in common
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Mind Map on secret trust: joint in tenants v tenants in common, created by KD >< on 16/05/2013.
Mind Map by
KD ><
, updated more than 1 year ago
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Created by
KD ><
about 11 years ago
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Resource summary
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
cannot occur if property is land: s.1 (6) LPA 1925
Joint Tenants
Before the creation of the Will
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
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
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