• March 16th, 2016

Problem question Equity and Trust

Paper, Order, or Assignment Requirements

LL.B Equity & Trusts
Summative Assessment 1 (2016)

Instructions
• Failure to submit will result in a nil mark
• The word limit is 1,500 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 40% towards 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

Question
By her will executed in October 2008, Tania devised her freehold house in Richmond to her sisters, Helen and Julia, jointly.

In September 2009, Tania orally informed Helen, but not Julia, that she wished both of them to hold the house upon trust for her son whom she had given up for adoption many years earlier.

Failing this, they were to hold on trust for Tania’s “closest friends”.

Helen agreed but did not tell Julia until Tania’s death in January 2013.

Julia has in fact been in possession of a sealed letter from Tania, which contained the terms of the trust in favour of Tania’s son, with instructions only to open it upon the death of Tania.
She had, however, forgotten all about this.

In a codicil, which Tania had executed shortly after making her will, she provided as follows:
“I hereby give to my sisters, the sum of £50,000 in full confidence that they will use some of it for the purposes which I shall soon communicate to them.”

Helen was an attesting witness to Tania’s will.

Advise Helen and Julia on the validity of the various dispositions and the effect of the events above.

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