Contents of Wills-secret and half-secret trusts

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Published by a LexisNexis Private Client expert
Practice notes

Contents of Wills-secret and half-secret trusts

Copyright © 2025 LexisNexis

Published by a LexisNexis Private Client expert

Practice notes
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A secret or half-secret trust may be useful where a testator wishes to keep the identity of a beneficiary of a testamentary gift outside the text of their Will.

Types of secret trusts

There are two kinds of secret trusts:

  1. •

    secret or fully secret trusts

  2. •

    semi-secret or half-secret trusts

A fully secret trust arises where the testator gives property by their Will to the donee but gives no indication that the donee is to hold their gift on trust, so that the gift looks like an absolute and beneficial one, but in fact the donee is bound by a trust obligation. Such an obligation can only arise if, during the testator's lifetime, they asked the donee to hold the gift not for their benefit but for the benefit of someone else and the donee has, expressly or by acquiescence, agreed to carry the testator's intention into effect. This form of trust was approved by the House of Lords in McCormick v Grogan.

In McCormick v Grogan, C made a Will leaving

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Jurisdiction(s):
United Kingdom
Key definition:
Secret trust definition
What does Secret trust mean?

A trust outside a will that affects a beneficiary under that will.

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