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Exact(15)
Accepting this theory would undermine the operation of the Wills Act, since the Wills Act is designed to cover all testamentary dispositions.
It has been suggested that the dehors theory is based on a misunderstanding of the operation of the Wills Act.
The court decided that "the Wills Act 1837 had nothing to do with it" and the secret trust valid.
Secret trusts do not comply with the formality requirements (such as witnessing) laid down in the Wills Act 1837.
Indeed, the formality requirements of the Wills Act created the need for a single document, like the one commonly referred to.
Therefore to refer to an arrangement as outside the Wills Act because it is not in the single document commonly referred to is incorrect.
Similar(45)
will act.
So Labour will act.
"So we will act.
Everyone will act.
We will act accordingly".
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