What Are Secret Trusts?

Secret trusts are made by testator by will. This is done when the testator does not want to disclose that he is leaving property on trust and for whom. There are two types of secret trusts; fully secret trusts and half secret trusts. In fully secret trust the will does not mention the name of the legatee and does not even disclose that there is a trust. In a half secret trust thee ill discloses the existence of a trust but no the object of the trust .For example the testator would say that $50000 to sarah on trust for purposes of which I have informed her. In case of a fully secret rust communication of trust must be made to the trustee before the death of testator. In case of half secret trust the rule is stricter.

Communication of trust must be made before the execution of will. Where there are two or more trustee then in case of fully secret trust only that trustee is bound by the trust to whom communication is made. In half secret trust communication to one means communication to all. In a half secret trust if the trustee dies before the testator the trust will not fail but in case of a fully secret trust it will. There is still a debate whether secret trusts are express trusts or constructive trusts.

The secret of trust is that NEVER trust any one. If you have to then trust people to some extent as every one is human and humans do mistakes.