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Bethany, Who Was Terminally Ill, Wanted to Provide for Her

Question 7

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Bethany, who was terminally ill, wanted to provide for her lover, Paul, after her death. Her husband and family were unaware that Bethany had been having an affair with Paul. Bethany's best friend, Miranda, agreed to do 'all she could' to help Bethany carry out her wishes secretly. Bethany has now died, leaving half of her property to her family, and the other half to Miranda. A letter, addressed to Miranda and found with Bethany's will, stipulates that Miranda should hold the property on trust for Paul. Miranda:


A) Need not hold the property on trust, because Miranda did not accept the role of trustee.
B) Need not hold the property for Paul, as the terms of the trust have not been communicated during Bethany's lifetime.
C) Must hold the property on trust for Paul, as the terms of the trust have been effectively communicated during Bethany's lifetime.
D) Must hold the property for Paul, as equity will give effect to Bethany's clear intentions to create a secret trust.

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