Concept Of Secret Trust

The concept of secret trust has always been questioned. What it constitutes and if it is actually a valid trust in itself. With there being different schools of thought this legal concept has not been proven to be one or another.Its unconventional approach to the concept of trusts has left it being an complex legal debate regarding the justification for its existence in Wills and on its own. Whether it is a fully secret trust or a half secret trust is another element of the issues that has to be regarded when questioning the thesis whether secrets trusts in general exists. If the theoretical basis is enough to appreciate them as being legally binding. In either case the person who is claiming any sort of benefit must prove that the testator

This is going to be done by discussing the main issues that arise when dealing with secret trust. The doctrine of secret trust has been discussed through different perspective and in order to fully understand the essence of it, case law has to be presented and discussed. The different ways of approaching various parts of secret trust and its content will be evaluated. This is going to be done by finding cases that introduced justification through different theories. In conclusion the paramount issue regarding secret trust is adressed in a positive manner. The fact that there are a lot of cases and reasons for the scepticism behind this doctrine does bring with it a lot of equitable aspects. In analysing the case law as well as the legality of if the papper concludes that the conundrum of secret trust has justification as well a equitable basis to it. The legal element is not there in statute but as shown through sufficient case law; it is a a justifiable doctrine when theories are composed together regarding different aspects of the doctrine.

Whether or not a secret trust is justified is based on theories rather than actual probate law. It contradicts the provisions of the Wills Act 1837 by not complying with s.9 of it. The long held issue find its roots in principles taken from the Statute of Fraud. It is by some believed that the arrangement of a secret trust is outside the terms of the will and therefor equity plays a role in assuring that a testator that pursues using a secreter trust has the ability to benefit a third party even if it does not align with the s.9 in the Wills Act. It also makes sure that there is a way for a will to be beneficial for a third party that is not mentioned on the face of the Will. The role equity plays in this scenario as well as its main purpose in law in general is to keep things fair. In this specific circumstance its paramount interest was to make sure to hinder the trustee form admitting fraud by not fulfilling his/her obligations to the third party, and the testator, by keeping whichever benefit for themselves instead of passing it on to the secret beneficiary. The basic issue with secret trust is the inability to justify it in certain circumstance. Whether it is a fully secret trust or a half secret trust this issue occurs. Mostly because the justification for secret trusts are not found