Section 85 — Bequest for illegal purpose; revocation prevented by coercion
Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026
Section 85 regulates bequest for illegal purpose; revocation prevented by coercion within chapter ix — obligations in the nature of trusts.
Finin2min summary
Section 85 — Bequest for illegal purpose; revocation prevented by coercion sits within Chapter IX — Obligations in the nature of trusts. For practical work, treat it as a rule about constructive/fiduciary obligation, not merely as a heading in the Act.
Operative rule
Section 85 regulates bequest for illegal purpose; revocation prevented by coercion within chapter ix — obligations in the nature of trusts.
Condition / limit
When advising on Section 85 — Bequest for illegal purpose; revocation prevented by coercion, separate capacity or jurisdiction from the substantive rule. The relevant setting is constructive/fiduciary obligation; the key participants are person holding property/advantage and person beneficially entitled, and the legal test is the fact pattern creating an obligation to hold, account, restore or refrain from retaining an advantage, subject to purchaser/notice protections.
Implementation / proof
Before acting on Section 85 — Bequest for illegal purpose; revocation prevented by coercion, reconcile the result with the contemporaneous record: contract/title trail, fiduciary relationship, notice evidence, payments/benefits and tracing record. The note should also identify the connected section, rule, consent, order or remedy that completes the legal step.
Bare law / official source
The official sources linked for Section 85 — Bequest for illegal purpose; revocation prevented by coercion control the legal wording. Check the event-date version before relying on any proviso, explanation, illustration, amendment or commencement point described on this page.
Provision-specific decode
| Subject | constructive/fiduciary obligation |
|---|---|
| Who is involved | person holding property/advantage and person beneficially entitled |
| Legal test | the fact pattern creating an obligation to hold, account, restore or refrain from retaining an advantage, subject to purchaser/notice protections |
| Evidence | contract/title trail, fiduciary relationship, notice evidence, payments/benefits and tracing record |
Working interpretation: When advising on Section 85 — Bequest for illegal purpose; revocation prevented by coercion, separate capacity or jurisdiction from the substantive rule. The relevant setting is constructive/fiduciary obligation; the key participants are person holding property/advantage and person beneficially entitled, and the legal test is the fact pattern creating an obligation to hold, account, restore or refrain from retaining an advantage, subject to purchaser/notice protections.
Boundary: Before acting on Section 85 — Bequest for illegal purpose; revocation prevented by coercion, reconcile the result with the contemporaneous record: contract/title trail, fiduciary relationship, notice evidence, payments/benefits and tracing record. The note should also identify the connected section, rule, consent, order or remedy that completes the legal step.
Working flow
- Open with the official text applicable on the transaction/proceeding date.
- Classify the file as one concerning constructive/fiduciary obligation; identify person holding property/advantage and person beneficially entitled.
- Test the operative facts against the fact pattern creating an obligation to hold, account, restore or refrain from retaining an advantage, subject to purchaser/notice protections.
- Build the evidence trail from contract/title trail, fiduciary relationship, notice evidence, payments/benefits and tracing record.
- Close the file with the statutory consequence and any appeal/remedy/implementation step.
Practical example
A client presents documents that appear to engage section 85 — bequest for illegal purpose; revocation prevented by coercion, but one factual link is missing. The reviewer uses the official provision, separates proven facts from assumptions and applies this page’s decision points. Before acting on Section 85 — Bequest for illegal purpose; revocation prevented by coercion, reconcile the result with the contemporaneous record: contract/title trail, fiduciary relationship, notice evidence, payments/benefits and tracing record. The note should also identify the connected section, rule, consent, order or remedy that completes the legal step. The result is expressed conditionally until the missing evidence is supplied.
Exam and advisory case study
Advise a client who wants to rely on Section 85 — Bequest for illegal purpose; revocation prevented by coercion. State the rule from the official text, apply each material condition to the facts, identify the evidentiary gap and explain the implementation or challenge route.
Evidence and implementation checklist
- Official source/version for Section 85 — Bequest for illegal purpose; revocation prevented by coercion on the relevant date.
- Documents establishing the identity, capacity or jurisdiction of person holding property/advantage and person beneficially entitled.
- Records that test the fact pattern creating an obligation to hold, account, restore or refrain from retaining an advantage, subject to purchaser/notice protections.
- Primary evidence pack: contract/title trail, fiduciary relationship, notice evidence, payments/benefits and tracing record.
- The connected filing, approval, consent, order, notice, appeal or remedy record, if the provision requires one.
Scope boundary — private trust law
Q&A
What is the core legal point in Section 85?
Section 85 regulates bequest for illegal purpose; revocation prevented by coercion within chapter ix — obligations in the nature of trusts.
What is the main implementation risk when applying Section 85?
When advising on Section 85 — Bequest for illegal purpose; revocation prevented by coercion, separate capacity or jurisdiction from the substantive rule. The relevant setting is constructive/fiduciary obligation; the key participants are person holding property/advantage and person beneficially entitled, and the legal test is the fact pattern creating an obligation to hold, account, restore or refrain from retaining an advantage, subject to purchaser/notice protections.
What should be retained in the file for Section 85?
Retain the event-date official source and the records that demonstrate the statutory test: contract/title trail, fiduciary relationship, notice evidence, payments/benefits and tracing record.
Disclaimer
Finin2min commentary on Section 85 — Bequest for illegal purpose; revocation prevented by coercion is informational. The event-date statute, delegated law and binding case law govern the actual matter.