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England and Wales decisions
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The Master was entitled to find that there was a real prospect of further evidence emerging at trial to support the existence of a secret trust, and the Judge was wrong to overturn that decision; the appeal is allowed and the claim is restored.
Source excerpt
Lorenz v Caruana & Ors [2025] EWCA Civ 606 (09 May 2025)
Court of Appeal reinstated the Master’s refusal to strike out a secret trust claim, holding there was a real prospect of further evidence supporting the pleaded case.
The High Court dismissed the Official Receiver’s BRO application against Christopher James Hatton, finding the alleged asset transfers were not proved to be misconduct.
The High Court struck out Stephen Margulies’ claim over alleged Swiss trust assets, holding it was barred by estoppel and abuse of process, and would fail in any event.
Margulies v Margulies [2022] EWHC 2843 (Ch) (10 November 2022)
The High Court struck out Stephen Margulies’s claim against his brother Marcus, holding it was barred by res judicata and issue estoppel and was an abuse of process.
Mattingley v Bugeja [2021] EWHC 3353 (Ch) (14 December 2021)
The High Court dismissed a claim that a secret trust bound Karen Bugeja to hold part of 8 Crabtree Close for Anabel Mattingley.
Rawstron & Anor (Executrices of the Estate of Lucian Freud) v Freud [2014] EWHC 2577 (Ch) (30 July 2014)
The High Court construed Lucian Freud’s will and held that the residuary gift to the executrices was an absolute beneficial gift, not a trust.
The High Court held that Lucian Freud’s will gave the residuary estate outright to the named executrices, not on trust, so the claim succeeded.
Healey v Brown [2002] EWHC Ch 1405 (25 April 2002)
The court held that mutual wills did not create an enforceable land contract under section 2 of the 1989 Act, but equity imposed a trust over the wife’s half-share.
Watson & Ors v O'Driscoll [2002] EWCA Civ 342 (11 February 2002)
The Court of Appeal refused permission to appeal in a dispute over a flat transferred in breach of a freezing order, holding the appeal raised no arguable point.
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