Certainty of Subject Matter Flashcards
Knight v Knight
Will only be a valid trust if the conditions of the three certainties are not fulfilled.
Palmer v Simmonds (1854) 2 DREW 221
Uncertain words: ‘The bulk of my said residuary’.
Held: ascertainable.
Sprange v Barnard (1789)
Uncertain words: “The remaining part of what is left, that he does not want for his own wants and uses”.
Held: This was too uncertain for the trust to take effect on any part of the property. It was too subjective to be judged objectively.
Re Golay’s Will Trust (1965) 1 WLR 969
Uncertain words: “Reasonable income”.
Held: The words directed an objective determinant of amount, which the court could, if necessary, apply. Was not defeated by uncertainty.
Re Jolb’s WT [1962] Ch 531
Trust was to invest in “blue chip” stocks. As there is no specific technical meaning Cross J ruled that the clause could not be delineated with sufficient precision and therefore it could not be upheld. Will be determined by trustees discretion.
Anthony v Donges [1998] 2 FLR 775
Uncertain words: “Such minimal sum as she might be entitled to by way of maintenance under English law”.
Held: void. Tried to place the judge in the position of an arbitrator without his consent which would not be allowed.
Re Last [1958] P 137
Uncertain Words: “Anything that is left, that came from me”.
Held: Court construed the above as a “life interest” on the brother rather than a “whatever-is-left” trust. This will be certain.
Boyce v Boyce (1849) 19 Sim 476
In his will, a father left 4 properties to his daughters on the condition that his daughter Maria would chose the one she wanted and the remaining 3 would do to his other daughter Charlotte. Maria died before her father and it was unknown which property she would have chosen.
Held: Trust was too uncertain as it was not known which property Maria would have chosen and which would be left to Charlotte.
