The Balfour v Balfour presumption against intention to create legal relations extends to de facto relationships but does not apply after the relationship has broken down. Where a trust is alleged to have been created by a bilateral transaction for value pursuant to a contract, the intention to create the trust is judged objectively, not subjectively; the Jolliffe principle requiring subjective intention is confined to unilateral voluntary transactions of which the beneficiary is unaware.
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