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    im really struggling qith this problem question. can anyone help me?? just need some real help find property law so hard

    Your client Andrew wishes to make a will. He has given you the following draft bequests. Advise him about them: 1. “£20,000 to Henry and Grace on trust for my darling Bertie (his pet dog) to see that he spends the rest of his days in comfort.” 2. “£10,000 to Sabrina and Sebastian on trust to keep my grave neat and tidy and the headstone in good repair.” 3. “The residue of my estate on trust and used for the purposes of proving that dogs are more intelligent than cats.”

    Advise on the effect and legal validity of these bequests.
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    (Original post by doriscikaj)
    im really struggling qith this problem question. can anyone help me?? just need some real help find property law so hard

    Your client Andrew wishes to make a will. He has given you the following draft bequests. Advise him about them: 1. “£20,000 to Henry and Grace on trust for my darling Bertie (his pet dog) to see that he spends the rest of his days in comfort.” 2. “£10,000 to Sabrina and Sebastian on trust to keep my grave neat and tidy and the headstone in good repair.” 3. “The residue of my estate on trust and used for the purposes of proving that dogs are more intelligent than cats.”

    Advise on the effect and legal validity of these bequests.
    1. Non - charitable purpose trust - bequest in those terms is invalid. Could alter it to s gift to H & G beneficially, on condition that they agree to house dog & with a non legally binding request that they spend the money on the dog
    2. Gift for maintenance of a grave is the exception to the "non -charitable purpose trusts are invalid" rule - so bequest is fine
    3. Is trying to be a charitable bequest for educational purposes. Whether it's successful/valid depends if the purpose is considered sufficiently educational. There's case law on what is considered to be sufficiently important. If not sufficiently educational , you're back to a non-charitable purpose trust i.e. bequest would be invalid
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    (Original post by szo)
    1. Non - charitable purpose trust - bequest in those terms is invalid. Could alter it to s gift to H & G beneficially, on condition that they agree to house dog & with a non legally binding request that they spend the money on the dog
    2. Gift for maintenance of a grave is the exception to the "non -charitable purpose trusts are invalid" rule - so bequest is fine
    3. Is trying to be a charitable bequest for educational purposes. Whether it's successful/valid depends if the purpose is considered sufficiently educational. There's case law on what is considered to be sufficiently important. If not sufficiently educational , you're back to a non-charitable purpose trust i.e. bequest would be invalid

    thank you, i was wondering when i apply the three certainties im really stuck on the third element on the first bequest about the dog, can u help?
 
 
 

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