Re Golay's Will Trusts
A direction to allow a beneficiary to enjoy a reasonable income from properties is sufficiently certain, because the court can quantify what is reasonable.
Facts
A testator directed his executors to let Tossy enjoy one of his flats during her lifetime and to receive a reasonable income from his other properties. The question was whether the gift of a reasonable income was too uncertain to be valid.
Legal principle
Ungoed-Thomas J held that the gift was valid. He said that the words reasonable income provided an effective determinant of the amount of the income, because the court could apply an objective standard of what was reasonable, taking into account the beneficiary's previous standard of living. The testator had not left the decision to the subjective opinion of the trustees, so the court could quantify the amount.
Related cases on certainty of intention and subject matter
- Re Adams and the Kensington Vestry (1884) 27 Ch D 394
- Boyce v Boyce (1849) 16 Sim 476
- Comiskey v Bowring-Hanbury [1905] AC 84
- Re Goldcorp Exchange Ltd [1995] 1 AC 74
- Hunter v Moss [1994] 1 WLR 452
- Jones v Lock (1865) LR 1 Ch App 25
- Re Kayford Ltd [1975] 1 WLR 279
- Knight v Knight (1840) 3 Beav 148
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
