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Equity's primary concern in developing the doctrine of secret trusts was to prevent the trustee from committing a fraud and attempting to keep the property under the clandestine arrangement for himself.

Once conceptual difficulty which emerges from this doctrine is that of deciding how to categorise the secret trust between the various possibilities of express trust, constructive trust and a rule based on the equitable principles of preventing fraud.

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Last modified 09-May-2018 11:04