In Hita v Hita[1] the deceased left his entire estate to one of his children. The background of matters is set out at [1] and [2] of Anderson J’s decision as follows:
A secret trust is an arrangement between a will-maker and a trustee that is effective on death.[2] As noted by Anderson J at [53] to [56]:
In Hita v Hita, Anderson J formed the view that the onus to establish a secret trust was not discharged. That said, the case highlights the importance of documents properly setting out intentions. This relates to will and trust validity and the purposes of a will or a trust.
Another interesting aspect of Hita v Hita was Anderson J’s post script observation at [107] that “… it is a pity that Edward did not seek some legal advice or assistance such as from a Community Law Centre or Citizens Advice Bureau in making his will rather than using a “do it yourself” online form. That would have
ensured that the effect of what he was doing by his will was explained to him. Also, it may potentially have avoided the subsequent family fall out, including because there would have been less scope for a contest on the issues addressed in this proceeding.”
[1] [2023] NZHC 2171
[2] See Blackwell v Blackwell [1929] AC 318 (HL) at 334 as applied in Brown v Pourau [1995] 1 NZLR 352 (HC) at 367 and Re Snowden [1979] Ch 528
Matters of Trust 
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