Duggan v White [2018] NSWSC 364

Duggan v White [2018] NSWSC 364

No secret trust arises over the Randwick property bequeathed to Catherine and Anne because there was no explicit, certain understanding between the deceased and the beneficiaries as to the terms or objects of such a trust, nor an instruction to hold the property on trust rather than by absolute gift. The statements of intention about 'the girls' were non-binding expressions of motive, not terms creating a trust.

Jurisdiction
Australia
Judgment Date
26 March 2018
Procedural Posture
Application for Judicial Advice (equity) / Final Decision After Hearing and Reconstitution of Proceedings
Outcome
No secret trust subsists. The gift of Randwick property is an absolute gift to Catherine and Anne.
Legal Topics
['secret Trusts' 'judicial Advice' 'wills and Estates']
['equity' 'trusts'] ['secret Trusts' 'judicial Advice' 'wills and Estates']

Case Brief

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Procedural Posture

Application for Judicial Advice (equity) / Final Decision After Hearing and Reconstitution of Proceedings

Legal Issues

  1. 1 ['Whether a secret trust subsists over property bequeathed absolutely to beneficiaries in a will' 'Whether statements and conversations by the testatrix to family members established trust obligations' 'Whether trustees are entitled to costs from the estate in these proceedings']

Ratio Decidendi

No secret trust arises over the Randwick property bequeathed to Catherine and Anne because there was no explicit, certain understanding between the deceased and the beneficiaries as to the terms or objects of such a trust, nor an instruction to hold the property on trust rather than by absolute gift. The statements of intention about 'the girls' were non-binding expressions of motive, not terms creating a trust.

Court Disposition

No secret trust subsists. The gift of Randwick property is an absolute gift to Catherine and Anne.

Orders

  • ['Questions in Amended Summons answered: (1a) No, (1b) No, (1c) Yes; subsequent questions do not arise.' 'No order as to costs; costs issue relating to the estate is not determined and may be pursued separately.']