The testator's will left the family home to his son, provided the son was not convicted of a criminal offence before reaching the age of 21.
The son was convicted of several criminal offences at age 17.
The application judge held that the condition was a condition subsequent, its operation should be postponed until the son reached the age of majority (18), and alternatively granted relief from forfeiture.
The Court of Appeal allowed the executor's appeal, finding that the son was capable in law of committing criminal offences at age 17 and therefore breached the condition.
The Court further held that relief from forfeiture was not available as the son was not faultless and the condition was not a penalty clause.
