Re Barlow's Will Trusts [1979]

Re Barlow's Will Trusts [1979] 1 WLR 278 revolved around the certainty of the terms "family" and "friends" in a will. Miss Helen Alice Dorothy Barlow, the testatrix, bequeathed a specific collection of pictures and directed that the remainder be held in trust for sale. The will stipulated that her "family and friends" had the first opportunity to purchase these pictures at 1970 valuations or the probate value, whichever was lower. The proceeds from the sales were to go to the residuary estate. The executors sought clarification from the court on the validity of the directive regarding family and friends and sought guidance on who could be considered as such.

In his judgment, Browne-Wilkinson J concluded that the trust was valid, despite potential uncertainties associated with the terms "friends" and "family". Browne-Wilkinson J held that both concepts could be given a workable meaning. While the term "friend" could encompass a wide range of relationships, the judge outlined minimum requirements: the relationship must be long-standing, social (not business or professional), and, despite potential gaps in meeting, the individuals would frequently reunite when circumstances allowed.

Regarding the term "family", Browne-Wilkinson J interpreted it to include any blood relation of the testatrix, rejecting a narrower interpretation limited to statutory next of kin. The judge noted that the absence of issue indicated that the term "family" would refer to blood relations, and he found no compelling context in the will to limit its meaning.

Addressing the question of uncertainty, Browne-Wilkinson J distinguished between cases requiring the establishment of the entire class (where uncertainty would render the gift void) and those involving a description or qualification attached to individual gifts. He applied the test in Re Allen [1953] Ch 810, emphasising that uncertainty as to some potential beneficiaries did not affect the quantum of the gift to those who undoubtedly qualified.

Re Allen provided a crucial test for determining the validity of gifts subject to conditions precedent. According to this test, a gift is deemed valid if it is possible to say definitively that one or more individuals meet the specified conditions, even if it may be challenging to determine whether others qualify. This test allows for flexibility in cases where some beneficiaries may meet the criteria with certainty, while others pose challenges in qualification.

In summary, Browne-Wilkinson J held that the disposition did not fail for uncertainty. The terms "friends" and "family" were deemed workable, with a flexible interpretation that honoured the testatrix's intentions. The judge's decision allowed the disposition to take effect for those individuals who could prove they met the reasonable criteria for being considered friends or family of the testatrix.
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