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Equity and trusts writing a legal letter

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(edited 5 years ago)

What sort of uni has a PQ like this?

No, I haven't got any advice as I've never heard of such a daft premise in my life.

Reply 2

DarkChaoz95

Original post by Notoriety

What sort of uni has a PQ like this?

No, I haven't got any advice as I've never heard of such a daft premise in my life.

Maybe the OP is uni is trying to mix LPC in with their course to an extent? I just did something similar recently lol, well I had to write a legal letter in the context of Wills and Administration estates for a client for wills & admin and Legal Writing skills module.

Though, my letter was too more LLB like. But thats defintely a lesson learnt!

Original post by Simona7717

I wanted to ask if any of you have any tips on writing a legal note to advise a client (executor of a will)on possible solutions but in plain English and not using legal terms (or if used-explained) no case law etc. it is a problem type question regarding a will. Because the second part of the task is to write a letter to my colleagues and we can then explain it as we wish using the law terms, cases and acts.thanks

Anyhow to OP, one of my tasks was to write a memo, dont know what is a legal note is unless its the same thing. But here's some general tips.

- keep paragraphs short and concise. Dont talk about things that is irrelevant or waffle on.
- make use of use headings for each issue
- always and keep on proof reading
-leave a line space between each paragraph

I cant advise on solutions as I absolutely detest equity and trusts let alone wills and admin.

I would recommend reading upon what executors of an estate have to do after someone passes away and they left a will.

Reply 3

DarkChaoz95

Original post by Simona7717

This is the exact PQ and what they asked us to write as I mentioned the bit that is not really clear on how to approach is part 1 the letter to the client and the possible overlap of repeating the same things in the letter and the legal note... :colonhash:

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

1 Write a letter to Jasmine Jones in plain English giving the advice requested in the scenario.

AND
2 Write a separate legal note setting out the legal principles on which your advice is based.

3000 words

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.

Are you doing the LPC or is this part of Equity & Trusts Module in LLB? Assuming their testing both your legal writing skills and Equity knowledge then this what I would do:

Regarding Part 1 - you have to examine whether each clause is valid. (i.e does it satisfy the three certainties etc, if not what is the problem and what happens to the gift?). With this letter you need to be concise and go straight to the point. Don't waffle on or be too descriptive, that was my mistake as I written the letter like I was in "LLB".

Essentially, two things to take in mind: (1) What the clients needs to know and (2) what the client needs to do

Regarding Part 2 - Basically, the legal note to your colleague is basically all the legal principles you used to give advice on your client's situation on Part 1. If you didn't talk about a certain legal principle in the letter part, then don't talk about it because it is irrelevant. All the colleague wants to know how did you come to the conclusion of the advice you given. What is the law you applied to come to that conclusion.

To me, it seems fairly simple and both goes hand in hand with each other.

Part 1 - Giving advice to client in layman terms (no law) of whether the will clause is valid and can it be distributed.

Part 2 - Explaining to colleague the law/principles you used to give that advice.

The key difference between the two individuals, is the degree of formality.

In terms of substance of equity, don't ask me that as I barely understand equity, I detest that topic. :P

Hope that helps.