It is less clear what the position would be if a fully secret trustee were to witness the will. As the gift appears to be an outright beneficial gift, it would appear that they lose the gift and no trust property will come to them to be available for the secret beneficiary. It is submitted, however, that, as the intended trustee does not take the legacy beneficially and is alive to prove this, s 15 Wills Act should not defeat the trust.