ABSTRACT
This chapter identifies and distinguishes between the two types of secret trust, and understands the theoretical justification for enforcing secret trusts. There are two types of secret trust, namely fully secret trusts, half-secret trusts. A fully secret trust arises where a will makes an absolute gift to a legatee or devisee but during the testator's lifetime agrees with the legatee or devisee that the property will be held as trustee. A half-secret trust is created when the will acknowledges the existence of a trust but the terms are concealed on the face of the will. In the case of a half-secret trust the communication of the terms must take place before or at the time of the execution of the will. The theoretical justification for the creation of the trust is to prevent a fraud being committed on the beneficiaries. There are many permutations of fraud that vindicate the existence of secret trusts.
