Barlow’s Will Trusts [1979]

Key Notes

• Facts: The testatrix left a large collection of pictures to her trustee, with instructions to sell them to any of her family and friends who wished to purchase them. The question arose regarding whether the term "friends" was sufficiently clear to create a valid trust.

• Outcome: The court held that the trust was valid, despite the term "friends" being conceptually uncertain.

• Reasoning: Browne-Wilkinson J stated that while the word "friends" is conceptually uncertain, a gift or trust does not require the precise identification of all members of the beneficiary class. The trust was upheld as long as at least one person could be identified as qualifying.

Impact & Analysis

• Relaxed Approach to Certainty: The case suggests a more lenient approach to conceptual certainty, where a broad and vague term like "friends" does not necessarily invalidate the trust. The trust was valid because at least one person could be identified as a "friend" of the testatrix.

• Distinction from Traditional Certainty Rules: The ruling differs from traditional principles, which generally require that all beneficiaries in a class be clearly identifiable. This case allowed the trust to be upheld with a more flexible interpretation of what constitutes a beneficiary.

• Influence on Discretionary Trusts: This decision indicates that the court may apply a more flexible standard when interpreting trusts with uncertain or broad definitions, particularly when the beneficiaries are not required to be specifically listed but only need to meet a broad, identifiable characteristic like "family and friends."