Project #156292 - equity and trust

Law Tutors

Subject Law
Due By (Pacific Time) 01/12/2016

The word limit is 2,000 words
• Case names will not be counted
• Lengthy footnotes will be counted
• Please complete a bibliography at the end of your work
• Please ensure you use your own words or attribute accurately. Please refer to your MSG and the extensive guidance on assessments, including assessment criteria, referencing and plagiarism.
• This assessment carries a weighting of 50% of your overall final grade.

Note:
You will be credited for demonstrating:
• knowledge and understanding of the relevant legal area
• distinguishing between relevant and irrelevant facts
• sound analysis of facts and legal principles
• good application of legal principles
• appropriate solutions
• independent research
• clear, accurate and coherent expression
• following the instructions


Simone died recently. Her validly executed will contained the following dispositions:
(1) I leave £250,000 to James so that he shall distribute it amongst my old friends as he shall in his absolute discretion think fit. If there is any doubt as to who shall be regarded as one of “my old friends” the decision of my husband, Derek, is to be regarded as final on this matter;

(2) I leave £50,000 to James so that he may use some of it for a holiday for himself and in full confidence that he will use the bulk of it for the benefit of my brother, Edward;

(3) I leave my two houses to be distributed to my two daughters, Helen and Betty. Helen shall choose which house she wishes to have and the other to go to Betty. Unfortunately, Helen died before the testatrix and without the latter (Simone) modifying her will;

(4) I leave my residual estate to my husband, Derek. Derek has approached James claiming that the dispositions (1–3) are all invalid and that all of the property bequeathed in those dispositions should go to him as residuary legatee. James therefore seeks your advice as to the validity of all the dispositions (1–4). You are to provide the requested advice, fully explaining all legal issues to James.

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