ABSTRACT
Secret trusts are a peculiar animal. They are special because they allow the creation of valid trusts even though the normal formality rules for the creation of trusts by will have not been met. In this sense, they are an exception to the principles discussed in Chapter 1. However, as we shall see, although ‘secret’ trusts arise out of testamentary dispositions (that is, wills), there is often little that is secret about either their existence or their terms. Originally, the doctrine of secret trusts was developed to allow testators to make provision for beneficiaries whose identity, or even existence, was best kept quiet, such as illegitimate children or mistresses. Today, however, they are more likely to provide an indecisive testator with a means of avoiding the strict forms required by the Wills Act 1837 (as amended).
