What are the fundamental principles that arise in relation to secret trusts?

British Columbia, Canada


The following excerpt is from Milsom v. Holien, 2001 BCSC 868 (CanLII):

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.

Other Questions


Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
Can a constructive trust arise where no common intention exists? (British Columbia, Canada)
Does a resulting trust arise when title to property is in one party's name but that party gave no value for the property? (British Columbia, Canada)
Can a stranger to a trust be found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
When the BCLRC recommended that the distinction between express and constructive trusts be abolished for limitation purposes, does the distinction take into account the remedial constructive trust? (British Columbia, Canada)
Can the presumption of equitable principles be displaced by equitable principles? (British Columbia, Canada)
Is a shareholder of a Real Estate Investment Trust entitled to a claim of diminution in the value of the trust's assets? (British Columbia, Canada)
What is a discretionary trust and what are the characteristics of a discretionary Trust? (British Columbia, Canada)
How have the courts in BC considered the principles of unjust enrichment and resulting trust in real property? (British Columbia, Canada)
What is a constructive trust and what is the test for such a trust? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.