Talk:Secret trusts in English law

Comments
Hey Ironholds - I wanted to say three things. Firstly, this is the best law page on wikipedia I have ever chanced upon. Great job.

Secondly, reading through the talk about the review, you mentioned two things that you lacked sources for - first, how often they're used in the real world; second, where the distinction arose from. I have come across sources on each: 1) use: See R Meager, 'Secret Trusts: Do they have a future?' (2003) 67 Conv. 203-14. This surveyed 100-odd solicitors about the use of secret and half-secret trusts, and found they are still extensively used. 2) origin of the distinction/why you would use one rather than the other: first, see the above article, which discusses this. Second, I recall reading somewhere that historically, STs developed first, before people chose to take advantage of the doctrine in a more reliable way through the HST - I think McFarlane, 'Structure of Property Law', around p560, may have been the source.

Finally, Gardner's 'Introduction to the Law of Trusts' 3rd edn. pp93-101 proposes a third explanation for secret trusts: a 'reliance' theory, based on his view of what a constructive trust is about. Might be interesting to add this to the 'Justification' section.

Thanks again for this article. NC — Preceding unsigned comment added by 86.135.172.241 (talk) 16:20, 29 May 2013 (UTC)

Curious
Curious indeed! Doesn't it result in double taxation to the ultimate beneficiary, double registration expense etc.? East of Borschov (talk) 22:43, 4 June 2010 (UTC)
 * Not really. There is tax on both transfers of property, certainly, but since the idea is that the property is passed the "real" beneficiary as soon as possible, most of the tax is going to be paid by them. Ironholds (talk) 23:11, 4 June 2010 (UTC)

Clarification of types of trusts
In its current form, the article's later discussion is hard for a lay person to follow, because there is no explanation of what a "constructive trust" is, or what an "express trust" is. Can someone expand this for the non-lawyers amongst us? hamiltonstone (talk) 01:12, 14 December 2010 (UTC)
 * I've linked some terms - it'll make more sense when my project is finished (the project being to get every element of English trusts law to GA - see User:Ironholds/ex for what English trusts law will look like when I'm done). Ironholds (talk) 13:59, 14 December 2010 (UTC)
 * The link is useful, but in terms of having the clarity needed for the article to stand alone as a GA, I think you need to add a phrase or two so the reader of this article will know what the debate is about (as a graduate lay reader, I genuinely don't understand what the article is saying, for example, about constructive / express trusts). Nice project and pretty technical, so good luck with it. hamiltonstone (talk) 23:04, 14 December 2010 (UTC)