Distinction between will and a secret trust

All will must be drafted in writing, approved in signature and witnessed by two witnesses is clearly stated in Section 9 of the Wills Act 1837. Failure in doing so will render the will void. In short, a will can be treated as a contract for inheritance of property. However, the creation of secret trust has created a breakthrough in the area.

Secret trust allows trust to be created without going through all the formalities but a simple oral agreement is valid. A secret trust is a trust which is not disclosed of any information and often made in secrecy. There are basically two types, fully secret trust and half secret trust. Half secret trust is one which is written in a will but the terms of the trusts are not disclosed. Such creation has help to smoothen the harsh law and furthermore, under the landmark case of secret trust, the case of McCormick v. Grogan had further developed the law.