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Are Secret Trusts valid Testamentary dispositions?
Exploring the theroretical justifications for the enforcement of secret trusts The Wills Act 1837, s.9 requires that all testatmentary dispositions be in writing and signed by the Testator, in the presence of two or more attesting witnesses present at the same time. Despite the existence of such statutory formalities, Testators who wish to create a…
Conceptualizing Backwards Tracing: a paradigm for vindicating the property rights of another
The case of Durant (2015) involved a payment of bribes totalling US$10.5 million into a bank account; while at about the same time a total of US$13.5 million had been paid out of that account to the defendants. Yet, the the Privy Council held that all the bribes could be traced to the defendant. The material facts…
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