The fundamental principles that arise in relation to secret trusts were reviewed in Champoise v. Prost, 2000 BCCA 426 per Saunders J.A. at paras 15-16: ...A secret trust arises where a person gives property to another, communicating to that person an intention that the property be dealt with in a specific way upon the happening of an event, and the donee accepts the obligation. The essential elements are the intention of the donor, communication of the intention to the donee and acceptance of the obligation by the donee. In addition to these requirements for an enforceable secret trust, the three certainties necessary for any express trust must be exhibited: the words making the trust must be imperative, the subject of the secret trust must be certain, and the object or person intended to take the benefit of the trust must be certain. Further, those certainties must be exhibited at the time the trust is created.
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