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Which of the Following Statements Is False in Relation to the Difference

Question 4

Multiple Choice

Which of the following statements is false in relation to the difference between a fully secret and half-secret trust?


A) In a fully secret trust, neither the trust nor the beneficiaries of it are apparent from the terms of the will. In a half secret trust, the existence of the trust is apparent, but the beneficiaries are not.
B) The burden of proof required of a fully secret trust is the same as that required for an allegation of fraud; the standard of proof necessary to establish a half-secret trust is the normal standard of civil proof on the balance of probabilities.
C) On the failure of a fully secret trust, the intended trustee may keep the property for himself, whereas in a half secret trust, the intended trustee cannot do so.
D) The rules for the creation of fully secret and half-secret trusts differ only in relation to the communication required by the testator to impose the fully or half-secret obligation on the beneficiary named under he will.

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