Why study the hard way when you can do it the smart way?

Online Legal Coach was built for law students preparing for their exams. Discuss your tutorial questions in our forum and have them answered by legal experts, and prepare for your exams with our study guides and videos on every law subject. 

Sign up for your free membership today!

As a member you get access to our study guides, student forum, form your online study groups and participate in contests. Get the head start in your law exams! Sign up now for free.

Re Gulbenkian's Settlements (1970)

 

 [1970] AC 508 HL.

 

This was a case concerned power of appointment with a gift over in default. A settlement provided a power of appointment to be applied to anyone who was providing accomodation or care for Mr Gulbenkian or his family with  a gift over in default of appointment.The issue was whether  the settlement provided sufficient certainty of objects for it to be carried it?

 

Held: ( HL – Lord UpJohn)

Although it was not possible to ascertain every possible objects ( beneficiaries) of the appointment, it was possible to determine whether a particular person was a potential appointee or not. Thus, It was held that the settlement had provided sufficient certainty of object. This case laid down the test for certainty of objects for power – the “ Is or Is Not test” or “Any given postulant” test.