Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Probate definition

What does Probate mean? Probate is the court process for proving a will and giving legal authority to deal with a deceased person’s estate. In practice it confirms who may collect assets, pay debts and distribute to beneficiaries. The term is descriptive rather than a single defined statutory concept; procedures are set by legislation and probate rules in each jurisdiction. England and Wales: the executor applies for a grant of probate; on intestacy or where no executor can act, an administrator seeks letters of administration. Both are grants of representation issued by the Probate Registry (HMCTS) under the Senior Courts Act 1981 and the Non‑Contentious...

Secret trusts in probate: creation, communication, failure and enforcement (fully secret and half-secret)

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Practice notes

Secret trusts

The Enforcement of secret trusts has its roots in equitable principles. In these cases, it is not typically the Will itself that is in issue, but a specific disposition.

Definition

There are two recognised forms of secret trust:

Fully secret trust: the named Beneficiary appears to receive an absolute gift, yet has in fact agreed with the testator to hold the property on specified trusts.
Half or semi-secret trust: the beneficiary is merely a trustee and the terms of the trust are not disclosed, or not fully disclosed, in the Will.

There is also a distinct situation that likely falls between these, where the testator asks the beneficiary to deal with certain property in a manner already communicated, or to be communicated, without imposing a trust or legal obligation. In that circumstance the beneficiary takes outright.

The fundamentals

The key elements of a secret trust are:

Intention
Communication
Acquiescence

Silence by a legatee of a secret trust constitutes acquiescence; however, the legatee must be asked, and must agree, to hold the property on trust before the testator’s death. If a fully secret...

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Web page updated on 21/05/2026

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