Equity and trusts - secret and half secret trusts
Queenie died last month, leaving the following gifts in her will:
1. £500,000 to my children Adele and Bernadette for the purposes I have indicated to
them.
2 £250,000 to my dear friend Carl
3. My London apartment (205, Gothenburg Towers) to my brother David
The residue of Queenie's estate is left to her husband Edvin
Before making her will in January 2017, Queenie had told Adele that she was leaving
£500,000 to her and Bernadette but required the money to be used in accordance with
instructions that she had set out in a sealed envelope addressed to them both that was
not to be opened until after her death- Adele had said nothing at that point. On reading
the instructions after Queenie's death, which are to apply the bequest for the benefit of
Queenie's children from her first marriage, Adele has refused to carry them out-
Carl acted as Queenie's solicitor and had recommended the use of a secret trust when
she was unsure which charities to benefit after her death. He had told her that if she
had left a bequest to him in her will, he would cany out her wishes whatever they were-
Just one week before she died in a train crash, Queenie had sent an email to Carl
requiring him, "to give £200,000 that I'm leaving to you in my will to the Felix
Cats'Home." Carl was out of the office at this time and did not read Queenie's email
until after he had learned of her death.
David had agreed on the telephone to Queenie's instruction to hold her London
apartment for the benefit of her favourite nephew Gustav so that he could save on
accommodation fees while studying at University in London. In fact by the time
Queenie died Gustav had completed his university education. Gustav was one of the
witnesses to Queenie‘s signature of her will.