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#certainties #equity #law
The case for validity rested on Re Allen [1953] Ch 810, a case concerning the validity of a gift subject to a condition precedent, which decided such a gift is valid if it is possible to say of one or more persons that he or they qualify although it may be difficult to say of others whether they qualify or not. As the case had not been overruled by McPhail v Doulton Browne- Wilkinson J was happy to follow it in Re Barlow’s WT. He decided that the direction conferred a series of options to purchase, each conditional on the claimant being a ‘friend’. The direction was valid, as anyone who could prove that ‘by any reasonable test he or she must have been a friend of the testatrix’ was entitled to exercise the option (and he indicated certain minimum requirements for friendship, which you may or may not agree with!) He noted that if it had been a discretionary trust, the word ‘friends’ would have been too uncertain, citing Re Lloyds Trust Instruments (1970), unreported
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