Extent of willingness of courts to enforce FSTs
demonstrated by this case.
Indecisive testatrix made various gifts in her will
and left the residue of her estate to her brother, he knowing her wishes for
Brother died 6 days after she did.
Was trust of residue undertaken by him?
Megarry VC: Testatrix had imposed moral not legal obligation
upon her brother, so there was no secret trust.
While burden of proof that a secret trust exists lies
on the person who asserts its existence, in cases where there is no fraud, balance
of problems applies.