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Barthomew Sought to Set Up a Half-Secret Trust of £30,000

Question 6

Multiple Choice

Barthomew sought to set up a half-secret trust of £30,000 in his will, with Malaki as his secret trustee, and complied with all due requirements. Malaki was under clear instructions, given at the time of the creation of the will, to hold the property for Ruth, the illegitimate daughter of Barthomew. Malaki and Barthomew had a tempestuous friendship, however, and relationships were particularly strained at the time of Barthomew's death. Barthomew died, having been told only the day before by solictor's letter that Malaki would not fulfil has wishes and revoked any trust obligations he had been placed under.
Advise Malaki.


A) Malaki is not subject to the secret trust, and may therefore keep the £30,000 himself.
B) Malaki is subject to the secret trust and must hold the £30,000 for Ruth.
C) Malaki is not subject to the secret trust, but may not keep the £30,000 himself.
D) Malaki is subject to the secret trust, but does not have to hold the property for Ruth.

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