Two theories – the fraud theory and the dehors the will theory – are often cited to justify the enforcement of secret trusts. While these theories are undeniably popular, they nonetheless suffer from some critical problems. This article seeks to discuss the flaws of these two theories, and justify the enforcement of secret trusts with the conscience-estoppel theory, a theory that is built upon two established equity principles.
Benny Chung, Fraud Prevention? Dehors? Or What?: why secret trusts are enforced?, Trusts and Trustees, https://doi.org/10.1093/tandt/ttx205. Published: 27 December 2017.