The difficulty with the terms of secret trusts being contained in parol evidence is that they run contrary to the principle of transparency and openness enshrined in section 9 of the Wills Act 1837.

Question

Quizplus · Accepted Answer

The principle of transparency and openness is indeed enshrined in section 9 of the Wills Act 1837, which requires wills to be in writing and signed by the testator in the presence of witnesses. Allowing secret trusts to be established through parol evidence goes against this principle.

The Difficulty with the Terms of Secret Trusts Being Contained