A signed and witnessed declaration of trust gives rise to an evidentiary onus on the party denying the trust, but the ultimate onus remains on the party asserting the trust. Where the declarant fails to give direct evidence of intention and circumstantial evidence over years is inconsistent with the trust's existence, the trust will not be established. The rule in Browne v Dunn does not require cross-examination on intention where documentary evidence plainly puts intention in issue.
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