Hello Guys, can anyone help me! I just need guidance as to whether every legal problem is identified in this scenario. if anyone could help me I would be really really really grateful!! Its my final year and I'm not settling for anything less than 70%. So far i have identified the three certainties, equity doesn't not assist and Rule on Donatio Mortis cause...
Andrew was in hospital waiting for a minor operation. He was recently visited by his sister Belinda and her fifteen year old daughter Christine. He told Belinda that he wanted to give her as a birthday present half of his 5,000 shares in IBM Ltd. He said that he would get his accountant to prepare the paper work as soon as he left hospital. He also said that he wanted to hold the remaining 2,500 shares on trust for Christine until she reached her 18th birthday and would then transfer the shares to Christine absolutely.
The following day Andrew’s doctor told him that his condition was much more serious than had first been supposed and that he only had a short time to live. Accordingly, Andrew summoned his wife Doreen and his 25 year old son Edward to see him in hospital. He said to Doreen, “When I’m gone, I want you to have my holiday cottage in Dorset. The deeds are in my desk at home. You know where the keys to the cottage are.” Doreen had a set of keys to the desk. The keys to the cottage were in Andrew’s tweed jacket which hung in the wardrobe of their bedroom at Homelands, the family home. He said to Edward, “Here are the keys to my Ferrari; it’s yours when I die. The car is locked up in the garage at home.” Edward had left home to get married three years earlier and did not have a spare key to either Homelands or the garage. The keys to the garage were in Andrew’s desk at Homelands.
Andrew had a relapse and died two days later in hospital. Many years ago he had had a furious row with his wife and son and promptly executed a will in which he left all his property to a charity for sick children. In due course the family were reconciled but Andrew forgot about the will. His executor, who was his solicitor, is now denying that the gifts made by Andrew whilst he was in hospital have any validity and that all his property must go to the charity.
Advise Belinda, Christine, Doreen and Edward. You do not need to discuss the Inheritance (Provision for Family and Dependants) Act 1975.
Equity and trust problem question helppppppppppp Watch
- Thread Starter
- 15-01-2015 22:52