Equity & Trust Coursework

Jasmine Jones has written the following letter to you, her solicitor.

Dear Solicitor

I require legal advice with regard to the following scenario.

My friend Hubert died very recently. He appointed me to be his executor and trustee.

Hubert's will says:

a) £50,000 is to be given to my daughter Sarah. I feel confident that she will use this money wisely to help out all of my grandchildren.
b) £100,000 is to be used to provide a reasonable income for my friend John Smith. John can also have one of my London flats for himself.
c) My country house ‘Greenacre' is to be given to my favourite niece. She knows who she is!!!
d) £150,000 is to be distributed at your discretion amongst law students who live in London.
e) And finally, half of my favourite and best wine is to be given to my next-door neighbour Irene Lungs.

By way of additional information, five years ago while Hubert was alive he sent his brother Damian a letter which said ‘Dear Damian, I don't really use Greenacre at all now because I am always in London, and I want you to have it. Please find enclosed a photograph of the house, and a spare set of keys'. Damian is now claiming that he owns Greenacre.
Please could you advise me on the validity (or otherwise) of those clauses, and whether I am able to distribute the property according to Hubert's wishes.

Yours sincerely
J. Jones

Prepare a reply to Jasmine in accordance with the guidance below.

COURSEWORK TASK: COMPLETE BOTH PARTS

1 Write a letter to Jasmine Jones in plain English giving the advice requested in the scenario.
AND
2 Write a separatelegal note setting out the legal principles on which your advice is based.

You may assume that Hubert's will is valid, and that there are no circumstances which would give rise to any reason to challenge the will itself. You do not need to advise Jasmine on the validity of the will, or any matters arising under the Wills Act 1837.

You have a maximum word limit of 3000 words in total for BOTH parts. This excludes any footnotes, bibliography or case list.

LETTER

1 The letter should follow the usual conventions, having an address, date, salutation (Dear...) and appropriate close (Yours...). In addition to your signature at the end please also put your ID number.

2 As a guide you should aim for a maximum of2-3 pages of A4 including headings and signature for your letter.

3 The tone of the letter should be appropriate - polite, formal but friendly, clear and grammatically correct.

4 You should try to avoid the use of ‘legalese' - technical legal language. You may need to use a word or expression which might be unfamiliar to the client, but if you do, you should then explain it as best you can.

5 No party in this scenario can claim under the Inheritance (Provision for Family and Dependants) Act 1975.Your letter should not discuss any such claim. Further, you do not need to mention professional ‘client care' matters (costs, complaints, and responsibility for the file.)

LEGAL NOTE

1 The aim of the legal note is to let the marker know that you have identified and grasped the relevant legal points (which you have explained in the letter in your own words.)

2 The note should be addressed to your Senior Partner (or equivalent), and thus it may contain words and expressions that lawyers are familiar with, should include correct case references, and could indicate areas where further research might be desirable.

3 As a guide you should aim for around 2-3 sides of A4 for your legal note.

4 You should do a case/statute list at the end of your work, and you should also include footnotes and a bibliography if you consider this appropriate. These will not be included in the word count.

OSCOLA Referencing