Secret trusts in India: reconciling testamentary freedom with legal formalism

Abstract Secret trusts, a common law doctrine, allow testators to bequeath assets confidentially, bypassing formal testamentary requirements. While the UK recognizes fully and half-secret trusts, Indian law—governed by the Indian Trusts Act, 1882, and the Indian Succession Act, 1925—prioritizes statutory formalism, leaving little room for such informal arrangements. This article examines the compatibility of secret trusts with Indian law, exploring whether they can be accommodated within existing legal structures or require statutory recognition. It assesses the potential of secret trusts to uphold testators' intent while considering the risks of fraud and evidentiary uncertainty.