semi secret trust

An instrument that indicates who is to serve as a trustee but fails to identify either the beneficiary or the terms of the trust, or both.

• Traditionally, this trust was deemed to fail for want of an ascertainable beneficiary. But the modern view is to provide the same relief as that given for a secret trust: to receive evidence of the donor’s intent, including the intended beneficiary, and impose a constructive trust in his or her favor. Cf. secret trust.

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词条贡献者

译员黎川，在一家顶尖澳洲律师事务所的上海办公室担任全职法律翻译，专注翻译各种与澳大利亚业务有关的法律文件。