A condition to take effect if the tenant for life ‘be or become a Roman Catholic’ was not void for uncertainty. The tests for ascertaining whether a condition precedent and a condition subsequent are void for uncertainty are different, the latter being stricter than the former.
Lord Wilberforce said: ‘I do not doubt that conceptions of public policy should move with the times and that widely accepted treaties and statutes may point the direction in which such conceptions, as applied by the courts, ought to move.’ . .
and went on to refer to ‘the right, which I conceive judges have, to judge the degree of certainty with some measure of common sense and knowledge and without excessive astuteness to discover ambiguities.’
Judges:
Lord Cross of Chelsea, Lord Cross of Chelsea, Lord Wilberforce
Citations:
[1976] AC 397, [1975] 3 All ER 625
Jurisdiction:
England and Wales
Trusts
Updated: 06 May 2022; Ref: scu.510143