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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEESPECIALISTS – SECRET TRUSTS IN WILL DISPUTE AND WILL CONTESTCLAIMS

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors consider “secret trusts” in will dispute and will contest claims

Secret Trusts in Inheritance Disputes and Will Contest Claims

When families face an inheritance dispute, emotions often run high and the law can seem confusing. One particularly complex area involves secret trusts—arrangements that do not appear on the face of a will but may still be enforceable. These often arise in the context of a will contest or will dispute, where someone brings a will contest claim to argue that the deceased’s true intentions have not been reflected in the written will.

This article explores what secret trusts are, how they fit into inheritance claims, and what recent cases tell us about their future.

What Are Secret Trusts?
A trust under a will normally appears in the will itself. A secret trust, however, arises where:

  1. The testator (the person making the will) intends to impose an obligation on someone (usually the main beneficiary under the Will) to pass property disposed of via the will to a third party who is not named in it.
  2. That intention is communicated during the lifetime of the main beneficiary.
  3. The main beneficiary accepts the obligation to pass the property on to the “secret” third party.

These arrangements must also meet the usual requirements of trust law: certainty of intention, subject matter, and objects.

Secret trusts are often raised during a will contest or inheritance claim, particularly when someone argues that promises or instructions made outside the will should still be binding.

Lessons from Mattingley v Bugeja (2021)
In this case, the claimant alleged a secret trust existed over property. The court rejected the claim, preferring solicitor records and written evidence over witness recollections.

https://www.bailii.org/ew/cases/EWHC/Ch/2021/3353.html

  • Courts treat professional documents and contemporaneous evidence as more reliable than memory.
  • Oral testimony alone rarely proves a secret trust.
  • Proving a secret trust is inherently difficult because, by nature, it is not recorded in the will.

This led many to wonder whether secret trusts had any future in modern will dispute cases – our earlier blog on 16 January 2022 refers:

IS THIS THE END OF SECRET TRUSTS? – Will Claim Solicitors

A Revival? Lorenz v Caruana (2025)
In Lorenz v Caruana & Ors [2025] EWCA Civ 606, the Court of Appeal signalled that secret trusts may still be relevant.

Lorenz v Caruana & Ors [2025] EWCA Civ 606 (09 May 2025)

The case centred on whether the deceased had created a secret trust to benefit a family member. The dispute focused on intention, communication, acceptance, and the clarity of beneficiaries.

  • At first instance, the claim was allowed to continue.
  • On appeal to a Judge, it was dismissed for lack of evidence.
  • The Court of Appeal restored the original decision, allowing the claim to proceed to trial.

This outcome shows that courts may still be open to considering secret trusts where there is some credible evidence, keeping the door open for these arguments in will contests and inheritance disputes.

Secret Trusts in Will Disputes: What This Means
Together, these cases highlight both the fragility and resilience of secret trusts in will contest claims:

  • Fragility – Courts are sceptical of vague recollections or unsupported claims.
  • Resilience – Where there is some evidence of communication and acceptance, secret trusts may still be enforceable.

For anyone involved in a how to contest a will scenario, secret trusts remain an option but require particularly strong evidence which of itself is a conundrum given the proposed trust is “secret”.

Conclusion

Secret trusts sit at the intersection of inheritance disputes, will contests, and inheritance claims. While difficult to prove, they can still play a role in ensuring fairness when promises made during a lifetime were not reflected in a written will, but possibly in addition to other related claims; most likely claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

If you are considering how to contest a will on the basis of a secret trust or another ground, seek specialist advice quickly. With careful preparation and the right evidence, a will dispute or will contest claim involving a secret trust may still succeed.

If you consider any of these facts and matters are of interest, are likely to apply to you, or you would like to ask us for more information about our no win no fee arrangement, or you simply want us to assess your claim, then please do not hesitate to contact us for a confidential no strings chat and/or visit us at www.willclaim.com.

We provide details about our no win no fee arrangements at https://www.willclaim.com/no-win-no-fee/.

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