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The same will have occurred in a half-secret trust; the only difference being that the will discloses the existence of the trust though not the objects.

For a valid half secret trust the existence and terms of the trust must be communicated to the trustee before the creation of the will.

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Equity enforces the settlor's true intentions to benefit a third party even though this is contrary to the provisions of the Wills Act 1837, which was itself based on long-standing principles of the old Statute of Fraud 1677.

A secret trust arises when a testator wishes, for whatever reason, to transfer the benefit of property to a person without specifying that person as a legatee under his will.

There are basically two types of secret trust: fully secret trust and half secret trusts.

In a fully secret trust, the will of a testator will not mention whatsoever of a trust.

However, the existence and terms of the trust must be communicated to the trustee prior to the testator's death.

The intended trustee must accept the office of trusteeship and acquiese to the terms of the trust (Ottoway v Norman).

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