Secret Trust Is An Express Trust Or An Implied Trust,right?


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Mark Westbrook Profile
Mark Westbrook answered
I believe the term 'secret trust' is implied. It could be when the persons will states that they will leave a property to a person, but knowing or implying that the recipient is only holding it in their name for someone else. A grandmother leaves her home to her daughter, on the unwritten understanding that it is for her Grandchild.
thanked the writer.
Anonymous commented
Thanks for the answer anyway. But, there are also books stated that it could be express trust because there is also a clear intention for there to be a trustee-beneficiary relationship and how are you going to argue the maxim of "Equity will not allow a statute to be used as an instrument of fraud?" Also, the 2 important statutes to be concerned in this matter are the s9 of the Wills Act 1837 and the s53(1) of the Law of Property Act 1925. :")

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