ABSTRACT
As a general rule of probate law, a testator who wishes to create trusts after his death is required to express his intention in his will. The relevant formalities, as enacted in s 9 of the Wills Act 1837 (as amended), are required to be complied with. The secret trust operates as an exception to this rule, whereby the will transfers the relevant property to the intended trustee (legatee/devisee) subject to the terms of the trust, which have been concealed on the face of the will.
