 The trust was created by the donor and trustee during the donor's life, and simply not constituted until his death; it does not have to follow the Wills Act, because it was not created by a will.This view was expressed by Megarry VC in "Re Snowden", where he said "The whole basis of secret trusts... is that they operate outside the will, changing nothing that is written in it, and allowing it to operate according to its tenor, but then fastening a trust on to the property in the hands of the recipient".This suggests that secret trusts are not constructive trusts but rather express trusts.