In Which Case Did the Court Set Out Three Criteria

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The Answer is The case that set out three criteria for establishing the formation of a secret trust is the English case of Re Boyes, which was decided in 1884. In Re Boyes, the court established that for a secret trust to be valid, the following three criteria must be met:

1. The testator must have intended to create a trust.
2. The testator must have communicated this intention to the trustees before their death.
3. The testator must have given the trustees the details of the trust, including the subject matter and the beneficiaries.

These criteria are essential for the enforcement of a secret trust, which is a trust that is not included in a will but is instead communicated privately to the trustee. Secret trusts are an exception to the Wills Act 1837, which requires that all bequests be in writing, signed, and witnessed. The existence of a secret trust is typically proven through the testimony of the trustees and other evidence demonstrating that the testator intended to create a trust outside of the formal will.

In Which Case Did the Court Set Out Three Criteria

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