Secret Trusts

A largely unconsidered tool in the litigator’s war chest when challenging the legal and equitable interest of a person that holds property that they did not pay for, whether they claim it is a gift and they are entitled to the balance as a joint tenant or some other mechanism, is to claim that they hold it in a secret trust.

The British Columbia Court of Appeal recently considered the creation of secrets trusts in the decision of Bergler v. Odenthal, 2020 BCCA 175.