Highlights
Task:
Amos, a retired professional footballer, who had enjoyed an esteemed career playing in the Premier League and at International level for England, passed away earlier this year, five years after being diagnosed with a terminal illness.
Consequently, he was able to make arrangements in relation to his estate and to ensure he was able to look after his loved ones. He drew up a Will, appointing Bernard, his long-serving agent, and Charles, his lawyer of almost 30 years, to act as his joint trustees.
Amos made the following dispositions:
cottage in Cardiff; a mansion in Manchester and a townhouse in central London, ‘to share between my five children as she shall deem either necessary or appropriate’.
2. Amos bequeathed three Premier League winners’ medals from his considerable collection
of trophies and memorabilia: ‘to my trustees, to hold on trust for my siblings. My brother, Edwin,
should have the one he prefers, and the other should go to my sister, Fifi’. Edwin died a few days
after Amos and did not have the opportunity to make his choice.
3. In the last few years of his life, Amos built up a large portfolio of stocks and shares - some more profitable than others. In his Will, Amos bequeathed the income from ‘my top-performing shares to my trustees', in order to ensure his former personal trainer, George, 'could continue to enjoy a reasonably comfortable lifestyle.’
Bernard and Charlie are seeking your advice on the status of the respective dispositions.
This assignment has been designed to provide you with an opportunity to demonstrate your achievement of the following module learning outcomes:
LO 1 : Analyse and evaluate key cases and statutes, identifying principal rules by applying techniques of interpretation to them.
LO 2 : Explain the key principle and rules of the law of Equity and Trusts.
LO 3: Apply those rules to complex factual situations and produce a reasoned judgement of possible outcomes
LO 4 : Evaluate doctrinal and conceptual difficulties and analyse alternative approaches and outcomes and areas of uncertainty
LO 5 : Write and speak in fluent English using legal terminology with accuracy and produce text with footnotes, references and appropriate formatting using standard software package
Task requirements
Your assignment should;
Referencing and research requirements
Please reference your work according to the OSCOLA style as defined in Cite Them Right Online (http://www.citethemrightonline.com). This information is also available in book form: Pears, R. and Shields, G. (2019) Cite them right: the essential reference guide. 11th edn. Basingstoke: Palgrave Macmillan. Copies are available via the University library
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