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b. Secret Trusts There's one problematical situation which arises from time to time and that's the situation where a testator leaves a legacy to somebody and on the face of the will that legacy seems to be an absolute gift, it's not expressed to be held on trust for anyone; but even though it's not expressed in the will, the testator had an intention that that legate hold on trust for someone. That intention's not expressed in the will, but the testator communicated it to someone prior to the testator's death. So here we have a situation where the testator intended to create a trust but the requirements of form have not been complied with in relation to that particular trust. The 'secret trust' doctrine can overcome this problem in some situations. So we're now talking about secret trusts. The name 'secret trust' is derived from the fact that there is an...

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