There are a couple of other other decisions involving Secret Trusts.
Looking on our Social Security Law CD-Rom, I found
CJSA 1395/2002
"23. At the oral hearing there was some discussion of the doctrine of secret trusts, under which a person who takes an absolute interest under a will or on intestacy can be found to hold the interest on trust to carry out purposes communicated by the deceased. This stemmed from the claimant's evidence at the hearing of a conversation with her grandmother about a week before she died in which her grandmother said words to the effect of "You will do the right thing with the house, won't you". It may be that the new appeal tribunal will have to consider the issue of secret trusts. However, after the further investigation which I said at the oral hearing that I would carry out, it seems to me that words like those quoted above would not define the trusts to be carried out with sufficient certainty to create any trust obligation and that one could not find the necessary implied agreement by the claimant to carry out defined trusts in reliance on which her grandmother failed to revoke her existing will and make a new one. I have therefore not sought any further submissions at this stage. I direct the new appeal tribunal that it need not consider the effect of the doctrine of trusts unless the claimant expressly relies on it or puts forward some further evidence which the new appeal tribunal considers makes this a live issue."
In the Court of Appeal, Wilkinson v. Chief Adjudication Officer, which came from R(IS) 1/01 (formerly CIS/256/1998), has a discussion on trusts referring, in passing, to Secret Trusts.
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