Jeremiah validly sought to create a fully secret trust with Mawlowkowski, for Jeremiah's mistress, Vamilda. All the necessary requirements were fulfilled. Jeremiah fell ill with cancer, and, when Jeremiah fell into a coma, Beth, his partner, called Mawlowkowski to come and see him. Unfortunately, Mawlowkowski was killed outright in a car crash on his way to visit Jeremiah. Jeremiah died ten minutes later.
The residuary legatee under the will is Beth.
Consider the effect of the transaction
A) The property should be held for Beth, as Mawlowkowski has predeceased Jeremiah.
B) The property should be held for Vamilda, as there could be no communication of revocation of the trust to Jeremiah, as he was in a coma.
C) The property should be held for Vamilda, as the secret trust, as an inter vivos gift, was completed at the time Jeremiah's will was drawn up.
D) The property should be held for Beth, as Vamilda cannot be discovered as the trust was a fully secret trust, so the 'secret' died with Mawlowkowski.
Correct Answer:
Verified
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