Re Golay's Will Trusts

Re Golay’s Will Trusts
Court	High Court
Citation(s)	[1965] 1 WLR 969
Keywords
Trusts

Re Golay’s Will Trusts [1965] 1 WLR 969 is an English trusts law case, concerning the requirement of subject matter to be sufficiently certain.

Facts

Adrian Golay wrote a will saying that he wanted Mrs Bridgewater ‘to enjoy one of my flats during her lifetime and to receive a reasonable income from my other properties …’ The will was challenged and it was questioned whether the clause was certain enough to be enforced, because it was not clear which flat, or what income would be reasonable.

Judgment

Ungoed-Thomas J held the trust was sufficiently certain.

“

The court is constantly involved in making such objective assessments of what is reasonable and it is not to be deterred from doing so because subjective influences can never be wholly excluded. In my view the testator intended by ‘reasonable income’ the yardstick which the court could and would apply in quantifying the amount so that the direction in the will is not in my view defeated by uncertainty.

”

Trust certainty cases

Knight v Knight (1840) 49 ER 58

Jones v Lock (1865) 1 Ch App 25

Paul v Constance [1976] EWCA Civ 2

Sprange v Barnard (1789) 2 Bro CC 585

Boyce v Boyce (1849) 16 Sim 476

Palmer v Simmonds (1854) 2 Drew 221

Re London Wine Co (Shippers) Ltd [1986] PCC 121

Hunter v Moss [1993] EWCA Civ 11

Re Harvard Securities [1997] EWHC Comm 371

In re Roberts (1881-82) LR 19 Ch D 520

Re Gulbenkian’s Settlements [1968] UKHL 5

McPhail v Doulton [1970] UKHL 1

Re Baden’s Deed Trusts (no 2) [1972] EWCA Civ 10

Re Tuck’s Settlement Trusts [1977] EWCA Civ 11

Re Barlow’s Will Trusts [1979] 1 WLR 278

West Yorkshire MCC v District Auditor No 3 [1986] RVR 24

Certainty and English trusts law

English trust law

Notes

References

External links

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