What is the test for establishing that a beneficiary under a Will holds a secret trust?
British Columbia, Canada
The following excerpt is from Neufeld v Neufeld, 2004 BCSC 25 (CanLII):
This principle was addressed by Lord Westbury in McCormick v. Grogan (1869), L.R. 4 H.L. 82, a case in which some disappointed "beneficiaries" asserted that the beneficiary under a Will held the deceased's property upon a secret trust.
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