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Problematic Questions of Testamentary Document - Case Study Example

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The paper "Problematic Questions of Testamentary Document" states that claims based on any kind of proprietary estoppel not having been accepted in law, the absence of executing any valid transfer of shares to Connie will affect the validity of Connie’s claims to ownership over the same…
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Problematic Questions of Testamentary Document
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Download file to see previous pages In fact, even in cases where the donee has expressed his intention to use it in a particular way, without a contract (either express or implied) that he will so use it, does not prevent him from using it in any other way.2 Thus if a gross sum is given, and a special purpose is assigned for the gift, the courts regard the gift as absolute and the purposes as merely the motive of the gift; and the courts have held the gift to be valid even though it may have no longer been practicable or possible to give effect to the declared purpose of the gift.3
Tom has been bequeathed a sum of $100000, with perhaps a particular motive (although the same is not evidenced or is not disclosed in the will itself), there was absolutely no agreement or contract between Vito and Tom that Tom would use the gift for a particular purpose and only that particular purpose.
Furthermore, even though Vito may have expressed his confidence in Tom using the money only for the purpose Vito had intended it to be used, Tom had not, at any point of time, accepted that or even agreed to it. It was, if anything, an error of judgement on Vito’s part to have left it to Tom or left it in that fashion in his Will.
In any event, the Testamentary document itself, leaving the money to Tom does so absolutely with no hindrances whatsoever. Tom is, therefore, under no legal obligation to use the money in the way Vito had desired it to be used; it is, at the very best merely an expression of Vito’s wishes to Tom, as his best friend, which Tom may choose to abide by or abandon without any detriment to his legal title and proprietary interest on the money left to him in Vito’s Will.
2. In the present case, a discretionary trust has been set up by Vito with regards to the shares in Transit limited with his entire family as the possible beneficiaries. ...Download file to see next pagesRead More
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