Half secret trusts
In this type of trust the will states that the gift is on trust, but the name of the beneficiary is not specified. Since the existence of a trust is disclosed, the trustee is unable to claim the property for himself. The following points should be noted:- 1) Evidence tending to establish a half-secret trust is inadmissible if it contradicts the terms of the will (Re Keen);
2) Communication of the trusts to the trustees will be ineffective if it takes place after the will has been executed (Johnson v Ball);
3) Where there is no proper communication to the trustees, the property belongs to the residuary legatee or, if no such person, the testator's next of kin (Johnson v Ball).
Note: Secret trusts operate outside the will. Thus: