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secret and half secret trusts dont meet the formality set out in section nine of the Wills Act 1837 so the question arises why do the courts enforce these types of trusts and I think this comes down to two things firstly equity has an interest in seeing justice and fairness being done and secondly the courts are very interested in not allowing fraud to be perpetrated so thats a little bit of background on secret and half secret trusts but what exactly are they well lets get started with this lecture and find out the principles that underpin secret and half secret trusts are relatively simple and revolving the first instance around a testator so someone who is creating a will to decide what happens to their property after they die and for whatever reason the testator wants to pass on part of their property to a person who cannot be named and the reason why they cannot be named is normally in the case law around based around men who were creating a will and that they have a mistress a
