21 Trusts and Trustees 802. Equity and Trust

| December 15, 2015

“Secret trusts are scrutinised in every trust law text-book. Numerous scholarly articles have debated their theoretical basis. Yet they remain a conceptual conundrum. Is a fully secret trust testamentary or inter-vivos? Is it express or constructive? Should its apparent failure to comply with the requirements of the Wills Act be disregarded to prevent fraud or because it is dehors (outside the scope of) the will?”
Stewart Manley, ‘Reconceptualising the fully-secret trust’ (2015) 21 Trusts and Trustees 802
Critically discuss.

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