Sifton v Sifton

Facts

A Canadian will gave a substantial income to a daughter 'so long as she continues to reside in Canada'. The Privy Council was asked whether that determining event was certain enough.

Issue

Is a residence condition void for uncertainty?

Held

Yes. 'Continue to reside in Canada' did not tell the daughter, with sufficient clarity, what she had to do to keep the gift.

Principle

A determining event, like a condition subsequent, must be certain. If the court cannot say what will bring the gift down, the limitation fails.

Why it matters

It is used for the rule that an uncertain determinable gift is void, and that the failure takes the gift with it.

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