Re Golay's Will Trusts [1965]

Key Notes

• The testator’s will required that a “reasonable income” be provided to a beneficiary from the trust.

• The court ruled that the term "reasonable income" was sufficiently certain to create a valid trust.

• Although "reasonable income" was deemed objective, the court acknowledged that "subjective influences can never be wholly excluded," meaning that the determination of what constitutes a reasonable income could still be influenced by the trustee’s judgment or personal circumstances.

• This case highlights that while terms like "reasonable" are inherently flexible, they can still be enforceable if they provide enough clarity for the trustee to act on them, and courts are willing to give effect to the testator’s intent despite some degree of subjectivity.