Equity looks to intent, not form.
Mr C received damages from injury at work, at put
money in bank account in his name.
Indicated on various occasions he wished it to be his
partner’s as well as his.
Upon Mr C’s death his estranged wife claimed account
as part of husband’s estate.
Court found money held on trust for partner.
Scarman LJ: ‘There must a clear declaration of trust
and that means there must be clear evidence from what is said or done of an intention
to create a trust’
This was a ‘borderline case, since it is not easy to
pin-point a specific moment of declaration’.