Certainty of Subject Matter

kazzasingh's version from 2018-04-23 13:55


Question Answer
Sprange v Barnard (1789)If you leave property to various people in your will, and then you say, the remaining PART of what is left is to go to a remaining beneficiary, that is not precise and hence the trust fails.
Palmer v Simmonds (1854)Testator tried to leave "the bulk" of his residuary estate. This is imprecise and hence the trust fails.
Re Last (1958)Testatrix attempted to bequeath all her property to her brother, stating that at his death, anything that is left that came from her is to go to her late husband's grandchildren.
Curtis v Rippon (1820) If the whole of the beneficial interest is given to one beneficiary, subject to the rights of other beneficiaries and you don't define those other beneficiary's rights sufficiently, then that first beneficiary just takes everything. The trust will not fail.
Boyce v Boyce (1849)A trustee devised four houses, on trust, on the basis that Maria could choose one house and Charlotte could choose the other three. However, Maria died before she could choose a house. HELD: trust void for uncertainty as we were not able to determine which three houses would have been Charlotte's.
Re Golay's Will Trust (1965)Testator tells his executors to let Tossi enjoy one of his flats in her lifetime and allow her to receive a reasonable income from his other properties. HELD: valid trust
Re London Wine Co (Shippers) (1986) A wine dealer tells his customers that certain bottles of wine, when purchased, were held on trust for them. HELD: Trust failed as it was not certain which wines were being held on trust.
MacJordan Construction Ltd v Bookmount Erostin Ltd (1992)Some money held in a bank was supposed to be held on trust and some was not. HELD: invalid trust as it was not certain how much money was to be held on trust.
Hunter v Moss (1994) The settlor had 950 shares in a company and he declared that he was going to hold 50 of those shares on trust. BUT he never identifies which 50 shares we are talking about. Nor does he make any attempt to segregate them from the other 500. CA HELD: this was a valid trust.