ABSTRACT

This chapter anlyses the requirements for the creation of trusts of mutual wills. A secret trust is an equitable obligation communicated to an intended trustee during the testator’s lifetime, but which is intended to attach to a gift arising under the testator’s will. A testator who wishes to create a trust over his property upon his death is required to express this intention as well as the terms of the trust in his will. The formalities necessary to create a valid will are required to be complied with. A fully secret trust is an obligation which is fully concealed on the face of the will. A half-secret trust is intended when the will indicates or acknowledges the existence of the trust but the terms are concealed on the face of the will. The primary requirement is proof that the testator intended to create a trust and a secret trust by making the legatee a trustee for the secret beneficiaries.