ABSTRACT
The approach here is based on the property law distinction between gifts subject to conditions precedent and subsequent. In the case of gifts subject to conditions precedent, the requirement of certainty is less strict as opposed to gifts subject to conditions subsequent (see Blathwayt v Baron Cawley).28 A gift subject to a condition precedent is one where the donee does not acquire an interest in the property until he satisfies the relevant condition for example, a gift of £500 to A provided that he passes his year one LLB examinations. A does not obtain the property until he passes the relevant examination. On the other hand, a gift subject to a condition subsequent is one which vests in the donee but terminates on the occasion when the relevant condition is satisfied, for example, an endowment to B until he passes his year one LLB examinations. Here, B obtains a vested interest which is determined when he passes the relevant examinations.
