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Property Law - Formal Legal Advice - Essay Example

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Property Law- Formal Legal Advice Date IN THE MATTER OF: RE: LEO OPINION ON BEHALF OF LEO 1. I am asked to advise Leo as to the relevant law how best to carry out his wishes as contained in his draft will, particularly in regard to the validity of his intentions…
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Download file to see previous pages THE FACTS 2. The basic facts appear as outlined. 3. Leo has drafted a will that expresses his intentions. The draft will contain several clauses. 4. In the first clause he offers income from his building society shares to be for Ben as long as he lives. The main issue in this clause is the gifts that Leo gives to Ben. The income from Leo’s building shares will be given to Ben as long as he lives. An issue may arise in the transferability of such shares.1 5. He gives reasonable income to Kasim from the rent on his blue chip shares for as long as he shall live. The main issue in this clause is the ascertainment of “reasonable income”. As an executor and trustee, Kasim can also be a beneficiary as law does not prohibit executors and trustees from being beneficiaries. Also, it is important that Leo specifies the shares rather than simply saying blue chip shares.2 6. He gives one of his two dogs to Ben and the other to Toby. The main concern will arise if Ben dies before choosing because he is required to choose first, as this will result to uncertainty of subject matter. Ben is an executor and trustee, and he can be a beneficiary as well.3 7. Leo offers a bulk of his residuary estate to Sonya and Adaeze. The main issue here is lack of sufficient certainty. The actual size should be provided and the mode and ratio of splitting between Sonya and Adaeze determined in advance.4 8. He offers ?70,000 for the erection of a suitable monument to himself at the university. An issue may arise as to whether the monument is considered as part of the fabric of the university, as well as whether it involves maintenance of the university yard.5 9. He has offered ?50,000 to be invested by his trustees and the interest used to maintain the monument. The main issue in this clause is whether the erection of monument has been considered as part of the university fabric the first place. If it has the trust for the maintenance should not offend the rules against perpetuities. 10. Leo gives ?10,000 to the purposes of promoting the use of a new alphabet to simplify the English language. The main issue in this clause is whether this gift is considered a charitable purpose for education.6 11. He has offered ?100,000 to promote the freedom of small newspapers to compete with large media companies. The main issue is whether the beneficiaries are ascertainable. The intended beneficiaries (small newspapers) should be made more precise because such newspapers may be so many. 12. He has given ?19,000 for the welfare of his grey parrot and tortoise for as long as they shall live. Since this clause provides for the welfare of his animal, the only issue that can arise is that of execution of the wish in regards to the perpetuities period on animals. 13. He has offered ?5,000 for the purposes of anti-vivisection campaigns. The main issue is that the gift achieves the charitable trusts threshold. Such a gift is considered as other charitable purposes that seek to promote the welfare of animals.7 14. Leo has given ?500,000 for a sports field for the recreation of employees of Canterbury Christ Church University and any other people his trustees see fit to include. An issue might arise concerning the purpose of the gift rather than the beneficiary. The consideration of whether the gift is a charity or not will depend on the determination of whether it benefits the public or a significant section of the public.8 15. He has offered ?1,000,000 for ...Download file to see next pagesRead More
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