Books

Penner, JE., The Law of Trust 9^th Edition. Core Text Series: OUP.

See Chapter 6 pages 164 to end for a thorough and critical view of secret trusts and the rules relating to them.

 

Moffat, G., Trusts Law 7^th Edition. CUP.

See Chapter 4 for good discussion with the relationship between secret trusts and mutual wills.

Hudson, A, Principles of Equity & Trusts 2^nd Edition. Routledge.

See Chapter 7 for an interesting discussion of this area.

Journal articles

G.W. Allan, ‘The Secret is Out There: Searching for the Legal Justification for the Doctrine of Secret Trusts through Analysis of the Case Law’ CLWR 40 4 (311)

A review of the explanation for secret trusts.

Diana Kincaid, ’The Tangled Web: the Relationship between a Secret Trust and a Will’ [2000] Conv 420

Exploring the interaction with the formalities and secret trusts.

Mark Pawlowski & James Brown, ‘Constituting a Secret Trust by Estoppel’ [2004] Conv 393

The use of estoppel and conscionability in secret trusts.

Cheung T ‘Secret trusts & testamentary freedom’ (2019) 25(7) Trusts & Trustees 730-6

Critchely P ‘Instruments of fraud, testamentary dispositions and the doctrine of secret trusts’ (1999) 115 LQR 631