 Despite this, the courts have chosen to uphold them as valid.Although various justifications have been given for this, they are generally categorised as either based on preventing fraud, or as regarding secret trusts as outside ("dehors") the operation of the Wills Act.The first is considered the traditional approach – if the courts do not recognise secret trusts, the trustee given the property in the will would be able to keep it for himself, committing fraud.