R. Hodge has argued that "acceptance of the narrower view would not only impose upon a person seeking to establish a secret trust the heavy onus of showing at what point of time the secret trustee decided to resile from his promise, but would also make the validity of the secret trust dependent upon what is in fact an irrelevant consideration".Since allowing the trustee of the will to retain the property is at the heart of the "fraud", it is not clear why courts have considered the appropriate remedy to recognise a trust on behalf of others, rather than a resulting trust in favour of the estate (the residuary legatee).