Equity and Trusts Law - Essay Example

The researcher states that a will is normally made in the presence of two witnesses who are not beneficiaries of the will. In a situation where the witnesses become beneficiaries, the will can be contested and invalidated under court’s guidance. After making the entire necessary directive, the testator should append their signature at the end of the will to indicate that everything else above the signature should be followed to the latter. If a clause or any kind of statement is made under the signature, such is considered null and void and cannot be implemented by the court.

On 2nd January a one Mr. Clive made a will bequeathing Jamie and Muhammad £100,000 absolutely. He also bequeathed his sister £ 50, 000 indicating that he had communicated to her the purpose of this amount. A day before he made the will he had explained to Muhammad that he wished that the £100,000 be held in trust for Ruth an old friend of his. He, later on, informed Karen that he had an illegitimate child named Katherine whom he wanted to be taken care of after he was gone. He asked Karen to be his administrator and Karen Obliged.

The law of equity states that equity seeks to deliver justice and not in halves. This means that where there is a need for justice such will be given; no more or less. The courts have been noted over the years to strictly observe the wishes of a dead man more than those of greedy relatives left behind fighting for something they did not create or help in any way to create. Despite the fact that Katherine is an illegitimate child, the will left behind by his father is enough indication that the deceased wanted the child taken care of when they are going to. Mr. Clive’s will has not left any ground for a challenger to stand on in court and an attempt by the widow Jane to challenge the will might turn out tone a big undoing for the widow.

Once a will has been made and parties have been allocated gifts or any other kind of inheritance, the only way to nullify such a will is by proving that the testator made the will under duress and or was not in the right frame of mind when he was making the will.