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. In Re Keen the requirements for communication of a half secret trust were that they be consistent with the will and that the communication is before the will is executed. Is this an absolute rule as to the timing?

Yes it is an absolute rule. correct incorrect

The time of communication can be any time before the testator dies and is an absolute rule. correct incorrect

No any rule can be applied correct incorrect

As the communication in Blackwell v Blackwell and re Keen were both before the will then it can be argued that the comments are obiter and therefore the different rules on communication is not absolute. correct incorrect

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. What is the standard of proof required for a secret trust?

It is a very high standard as it will be used to rectify a written document. correct incorrect

It is the ordinary standard required in civil law, Re Snowden [1979]. correct incorrect

It is proof beyond reasonable doubt. correct incorrect

Only written evidence will be admitted. correct incorrect

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. What are the basic requirements for a mutual will to be held valid?

There must be a clear and settled agreement to make wills and the same time, in the same form and there is clear evidence that the agreement was intended to be irrevocable and binding correct incorrect

The details need to be communicated to the other testator during their lifetime and they make a similar will. correct incorrect

That the wills be made by both parties at the same time and in the same form. correct incorrect

That the wills are made during the mutual testators' lifetime and not revoked at any time. correct incorrect

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. Can you have a secret trust of land?

Yes as they comply with s53(1) (b) Law of Property Act 1925 correct incorrect

No as they do not comply with s53(1) (b) Law of Property Act 1925 correct incorrect

All secret trusts are contrary to statutory requirements so enforced regardless. correct incorrect

Yes there have been secret trusts of land, possibly arising as a constructive trust (s53(2) Law of Property Act 1925). correct incorrect

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. What would be the main problems with upholding a mutual will as a trust?

That there are two wills which can always be revoked. correct incorrect

There are many problems, firstly when does the trust arise, on the death of the first testator, when it is made or on the death of the second. This would generate problems with the subject matter which is to be held on trust, which would make most trusts fail. correct incorrect

There are no problems with them as they are all contained in the will of the testators correct incorrect

Mutual wills are not upheld in trusts but based on contracts. correct incorrect