voluntary disposition การใช้

• Although there was found to be no mutual will ( Donaldson QC adopted the contractual requirement ), he considered that where there was a valid mutual will the second testator is free to use the assets for his own beneficial interest as long as it is not calculated to defeat the agreement : " Where the fiduciary duty is breached by such a voluntary disposition inter vivos of the property in question, the " crystallisation " of the floating obligation must occur at the moment of that disposition . " ( Note that Donaldson QC imposed a secret trust in the circumstances which reduced the son's interest to 50 %, that being the interest held by the husband)