In re Leek, decd

Subject Matter

LAW REFORM — Whether necessary — Trusts — Trust void for uncertainty — Court no power to “blue pencil” offending words — Desirability of legislation

[1969] 1 Ch 563; [1968] 2 WLR 1385

PERPETUITY RULE — Discretionary trust — Power of selection — Discretionary power to apply life assurance policy money — “Benefit of wife, children or other issue” — “Or failing them” for statutory next-of-kin — No particular period specified for executive of power of selection — Whether must be executed within reasonable period — Whether void for perpetuity

[1967] Ch 1061; [1969] 1 Ch 563; [1967] 3 WLR 576; [1968] 2 WLR 1385

TRUSTS — Discretionary — Power of selection — Insurance policy moneys — Trust for benefit of such one or more of class as trustees in absolute discretion “shall decide” — Wife, children or other issue or such persons as had a “moral claim” on deceased — “Failing them” for statutory next-of-kin — Whether duty to select — Whether discretionary power — Whether void for uncertainty — Whether power to create interests outside perpetuity period — Premiums on policy paid by employing company — Assured employee's salary reduced by amount of premium — Forfeiture of benefits to advantage of company in certain circumstances — Whether trust for estate of deceased employee — Whether resulting trust for company

[1967] Ch 1061; [1969] 1 Ch 563; [1967] 3 WLR 576; [1968] 2 WLR 1385

TRUSTS — Uncertainty, void for — Discretionary power to select — Power coupled with duty — Benefit of one or more of wife, children or other issue or persons as trustees consider to have a “moral claim” on deceased — “Failing them” for statutory next-of-kin — Whether potential beneficiaries sufficiently defined

[1967] Ch 1061; [1969] 1 Ch 563; [1967] 3 WLR 576; [1968] 2 WLR 1385

Appellate History